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I 't know if I've selected the correct lawyer - My mother
I don't know if I've selected the correct lawyer -My mother called me with a debt collector on the line, my mom hasn't handled any of here of here own finances 2002, she my dad passed, at the time she could of handle her own affairs but ask me to do it - today at 72 yrs old she doesn't has the ability. The last time this happen was in March when old tax bill that I forgot (I also had 3 strokes and on disability as well) from MA went several years with nothing and then a letter with to garnishment from the MA DEPARTMENT OF REVENUE was attached, we are in a repayment plan. I not trying to dodge a bullet. am correct in I state and federal taxes can attached social security & pension ?My mother does get social security and a widows pensions from my father whom worked for GM. She had nothing in the bank, no savings not a dime and live paycheck to paycheck, over the last few years when I got sick and they garnishment my wife she helped us paying for our childrens day care so I could go to physical therapy to learn how to walk and talk again, She doesn't even on a car, she , she lives very modestly about 3 hrs away and on her own (something I am not sure that she will be able to continue to do) she is in poor health and really has nothing. The debt service call was about a judgement in 2010 for $16000 , I'm not quite sure how, I believe it was through 'default' - in the past I have appeared for her and handle these things but I can't remember this one, neithern can she - I have looked at the court records and the debt was filed one in my county not hers (Port St Lucie) it states she was spoken to by phone - I know it doesn't matter that neither of us remember this account or the court hearing because the have a judgement -which there trying to collect on it. Of course I can't settle the judgement because I can't payout a lump sum or have the ability to make a reasonable effort to make a payment arrangement on the judgement, apparently at the time I / we was paying a $100 a month on the debt but I stopped that was all they would tell me, she owns her house she is upside down in, her credit is aweful - while I was on the phone with the debt agency she stated "she has good credit, she owns a house, she has a car ' and trying to tell her this isn't true, but of course they don't want to hear it. The judgement paperwork states speaking with her the phone at the time the hospital for 22 months after a car accident I think that's why no remembers this debt or the account it's attached to, but I do know I can't fight the judgement and even if I couldn't I don't have the money for legal representation. So I have no idea what to say, we have always tried to help each other,my wife and I are racked up to our eyes with our own debt issues and we have just recently had to make several repayment deals because while I'm disabled it is tough for them to attach me (and my mother was disabled before she hit retirement age) but my wife keeps getting garnished and we keep paying because we can't come up with a bulk amount to start a better repayment plan and the cycle keeps going, I just wanted to give you a better scope of what is going on, if I had it's I would give it to her, my mother even gets meals on wheels I would sincerely ***** ***** as I did tell the debt agency collector I would contact her today, can they just 'dig up a judgement ' any time and force collection ? Should I tell them she is paying a state tax lien, the state / gov garnish social security wages ? I have nothing to offer I can't even make a constructive repayment schedule. I would tell her to go to bankruptcy court and file but I am afraid that she won't pass the way and means tests as I have run the numbers and she barely has -$300 a month because of the pension income, the debt agent stated that she must have something must of happened because they don't just reopen these thing for nothing, I was also told there is no statue on judgements, I lost half my collective brain capacity during my illness.Is there any way I can keep this from be publicly posted ?All help would be sincerely appreciated,
Im a law clerk at a government agency looking into
Im a law clerk at a government agency looking into bankruptcy issues. Years ago we filed a Proof of Claim on a company that had filed ch 11. The BK has since been terminated (in 2015), not sure what that means since the case was terminated rather than discharged. Do we have a claim here? How would we collect? Or what happened to the debt owed to our office?
In a Chapter 11 bankruptcy, does this document (text below)
In a Chapter 11 bankruptcy, does this document (text below) mean the "Bank of Big" is giving up all claim to the note and the collateral, and making Shaky Financial the beneficiary, no matter what happens in the bankruptcy?United States Bankruptcy CourtCentral District of CaliforniaCase No. 1:16-bk-12345-WBChapter 11In re: Debtor(s) (including Name and Address)John Doe*****Levitown, PANOTICE OF TRANSFER OF CLAIM OTHER THAN FOR SECURITYThe Claim No(s). listed below was/were filed or deemed filed under 11 U.S.C. § 1111(a) in this case by the alleged transferor. As evidence of the transfer of that claim, the transferee filed a Transfer of Claim Other than for Security in the clerk's office of this court on 05/02/2016.Name and Address of Alleged Transferor(s):Claim No. 2:The Bank of Big, Trustee,c/o Subservicer, Inc.,P.O. Box 555, Dallas, TexasName and Address of Transferee:ShakyFinancial LLCPO Box 999Rapid City, SD-- DEADLINE TO OBJECT TO TRANSFER --The alleged transferor(s) of the claim is hereby notified that objections must be filed with the court within twenty-one (21) days of the mailing of this notice. If no objection is timely received by the court, the transferee will be substituted as the original claimant without further order of the court.Date: 05/05/16 Janet J. JonesCLERK OF THE COURT
I am in NM I want a bankruptcy atty to walk me through the
I am in NMI want a bankruptcy atty to walk me through the process of deciding if my Sales Tax debts are dis-chargeable. I filed a Chapter 11 in 11/2007 and at the time I had a lot of unfiled and unpaid gross receipts taxes. As part of the Bankruptcy I filed all returns. They were all filed by January 2008. I kept current on all returns and payments going forward.My plan was confirmed in March of 2011.My atty filed a motion to close the Case on May of 2011.I paid something like $ 200,000 to the state of NM over the following 18 months.I filed another Chapter 11 in April of 2014.Question 1.Does the three year rule run from the day the plan was confirmed in March of 2011 or does it run from May of 2011 when the case was closed.Chapter 11 number 2 fell apart, the trustee moved to have it converted to a Chapter 7. I didn't go to creditor's meetings and the Chapter 7 was dismissed in August of 2014.At this point the State of NM is still after me for $ 100,000 in unpaid taxes, which were part of the returns I filed in January 2008. And they are also trying to collect $ 200,000 in penalties and interest.Question 2If I file a new Chapter 11 will I be able to discharge all of the aforementioned debts.Question 3Part of the NM State Constitution says that the State is Forbidden from forgiving debt. Does federal bankruptcy law trump, NM State Constitution.Question 4Any ideas on how to get the state to discharge debt without forcing me to file a chapter 11.
I filed bankruptcy about four years ago because I had toView more bankruptcy law questions
I filed bankruptcy about four years ago because I had to take care of my mother who had Alzheimer's. I kept the house, but I'm finding the bills overwhelming. I'm running two households now because I'm taking care of my brother who has FTD (frontotemporal dementia) and hydrocephalus (water on the brain). If I filed bankruptcy just to get rid of my house that has extreme damage from trees and water, would I get into trouble with the mortgage holder? My mortgage is about $340,000 and the house, on a good day, is worth about $90,000. As I've been told, it's also a famous historical house. Right now I hire people to go in and check on my brother on the days that I can't be there because he lives 125 miles away from me. I'm overwhelmed trying to keep up with all the bills for two households on top of paying home health care workers.