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Recent bankruptcy law questions

I was told that even though the Bankruptcy Law is a Federal

I was told that even though the Bankruptcy Law is a Federal Law - a so-called 'Exceptions' to it differ by state.Questions:1 - What are the different exceptions for New York & New Jersey states?2 - Need a web link for the 'exceptions' per each of the above states3 - Comparison / explanation between the two.Thank you.

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TJ, Esq.

Juris Doctor (JD)

 
10,238 satisfied customers
I am back asking questions again about the Sears

Hi , I am back asking questions again about the Sears Hometown store I purchased in June 2012. I decided to stick it out to fulfill my contract with Sears. The landlord chose not to evict me. The corporation is taking the store over on July 5th. I nowowe the landlord over $70,000. If he sues me I might file a personal bankruptcy. One question I have is now that I have steady income from my job that I started almost a year ago how does that affect bankruptcy? I am insolvent but do want to work my way backup to a good financial state. The home I am living in is actually worth less than what I owe. The other question is how do I find out what the statute of limitations is for business fraud since the owner told multiple mistruths. And the district manager completelythreatened to sue if I closed down. I really do not want to sue these people but it upsets me to this day abut the deception during the sale. If the statute of limitations is 3 years I am probably out of time. Another note is that when I paid the old owner, it was at his attorneys office and they had me fill out a form that stated if I found something in due dilgence that was missed I can not file suit. Is there even a form that could have legally deen presented that state such a thing. I realize I should nothave signed it but in reality since I left my job and paid the owner with retirement money I was in a fair amount of duress at the time.

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TJ, Esq.

Juris Doctor (JD)

 
10,238 satisfied customers
Under the Texas Exemption Statutes it allows horses,

Under the Texas Exemption Statutes it allows for 2 horses, mules or donkeys and a saddle, blanket and bridle for each. I have three (3) show horses that are insured. If the statute only allows for 2 horses must I immediately dispose of one of them, orwill the trustee dispose of the property. Perhaps they could be classified as pets with values of up to 30K under the Texas Exemption statutes.

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WALLSTREETESQ

Attorney

Doctoral Degree

 
18,022 satisfied customers
I am considering filing bankruptcy but I don't know if I qualify.

I am considering filing bankruptcy but I don't know if I qualify. I have a nonprofit foundation that I put my money into; I just held an event that recouped very little. All my credit cards have been used to pay for the event I held; I also have taken a loan and done a debt consolidation, all done in attempting to get my foundation through its first year of events. So the nonprofit and me are tied together. The two bank accounts show transfers back and forthIn order to file bankruptcy, don't I need to stop the consolidation so that one creditor is not favored over another? No account has been settled yet, but I have a tentative settlement and in order to pay it, I have to put more money into the consolidation account. I know I have to stop paying the loan, again, so my creditors are treated equally.The only asset I have left is some stock totaling a few thousand dollars. I still have expenses from my last event that I need to pay, but my understanding is that I can't sell the stock because that's fraud, even if I use it to pay expenses on my business. Is it just all too difficult to process? The nonprofit isn't worth anything at this point so I was told it won't affect me filing, and I was also told I qualify to file. But I'm nervous about all of this.

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WALLSTREETESQ

Attorney

Doctoral Degree

 
18,022 satisfied customers
Would my 86 yr old mother be judgement proof if I decided to

Would my 86 yr old mother be judgement proof if I decided to file chapter 7 bankruptcy?I signed my name to an elder care in home service for 24/7 care in the home for my dad after he was released from a rehab center. So for 2 and a half yrs. 200,000 from his savings was paid out for 24 hr care for my dad and mom who was and is suffering from short term memory loss. Dad passed away 5/31/13. We, my mother and I had to sign a new agreement because it was just service for her. Now the first and second agencies are threatening a civil suit citing my mother and I for not paying the remainder of 2 bills.The first one is for 9,000.00, second one is for 19,000.00. We just ran out of money throwing what was left in their accts at the bills. I was told to consider BK. Since she lives in a different city, I was told she would have to file too in that city. I would really like to avoid my mother having to go through this process considering her age. We bank at Wells Fargo and live in the state of North Carolina. She gets a federal pension, ss, and state retirement pension from husband which is deposited in WF.

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TJ, Esq.

Juris Doctor (JD)

 
10,238 satisfied customers
can an attorney get rid of credit card debit without filing

can an attorney get rid of credit card debit without filing bankruptcy, and if so how much is customary for the charge.

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Roger

Litigation Attorney

Doctoral Degree

 
32,878 satisfied customers
I have filed for bankruptcy in Louisiana December of 2013.

I have filed for bankruptcy in Louisiana December of 2013. I have recently received my discharge, but I am to forfeit any income tax returns for the 2013 year. I purchased a home in 2008 and was eligible and received the first time home buyer credit. My annual repayment amount is $196. My question is, am I able to pay more back to the IRS to minimize the amount that gets paid to the bankruptcy estate?

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TJ, Esq.

Juris Doctor (JD)

 
10,238 satisfied customers
My only asset is a membership interest in a Missouri LLC.

My only asset is a membership interest in a Missouri LLC. If I do not try to exempt that interest in a Chapter 7 tax bankruptcy, can the trustee require the LLC to liquidate my interests in order to pay the IRS, or is the trustee limited to offering that interest for sale? (Due to highly restrictive OA, I believe NO ONE will be interested in buying that interest.) My understanding is that Missouri LLC law differs from almost all other states when it comes to the reach of creditors.

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WALLSTREETESQ

Attorney

Doctoral Degree

 
18,022 satisfied customers
We have several thousands of dollars on credit cards and are

We have several thousand's of dollars on credit cards and are unable to pay the minimums. Our outgoing bills far out weigh our incoming wage. I spoke to a rep at CredAbility yesterday regarding a debt management plan. If we sign up for it, I know it will ruin our credit rating (it's already bad) but which is worse, going with their plan or just filing bankruptcy? The plan will require us to pay back what we owe (it's only right). What is the difference between that and just filing chapter 13?

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TJ, Esq.

Juris Doctor (JD)

 
10,238 satisfied customers
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