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AV Preeminent Peer Rated Attorneys
Perry Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Perry Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
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Commonly Asked Bankruptcy Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

How do I file to prevent a debt I am owed from being discharged in chapter 7 bankruptcy?

Angelo Anthony Gasparri
Answered by attorney Angelo Anthony Gasparri (Unclaimed Profile)
Bankruptcy lawyer at Gasparri Law Group
If you have a debt for "fraud" you can seek to have that debt declared Non-Dischargeable by the Bankruptcy Court.  Unfortunately, this requires a few steps.  The starting point is the actual Judgment you received.  Did it include findings that the Debtor committed fraud?  How much of your damages were associated with Fraud?   Unfortunatley, more often than not, the state court judgment is not clear.   This will cause some challenges.   In general, there may need to be a lawsuit in bankruptcy to have the debt declared non-dischargeable under 523(A)(4).  You will be suing to prove the exact nature of the debt and how much will survive the bankruptcy.  If it was 100% clear, you will likely find that Debtor's counsel will be working with you to get to a stipulation that addresses this issue.   This is a VERY DIFFICULT process to do without an attorney.  Especially because the bias in Bankruptcy court is that the Debt will not survive discharge.     
If you have a debt for "fraud" you can seek to have that debt declared Non-Dischargeable by the Bankruptcy Court.  Unfortunately, this requires a few steps.  The starting point is the actual Judgment you received.  Did it include findings that the Debtor committed fraud?  How much of your damages were associated with Fraud?   Unfortunatley, more often than not, the state court judgment is not clear.   This will cause some challenges.   In general, there may need to be a lawsuit in bankruptcy to have the debt declared non-dischargeable under 523(A)(4).  You will be suing to prove the exact nature of the debt and how much will survive the bankruptcy.  If it was 100% clear, you will likely find that Debtor's counsel will be working with you to get to a stipulation that addresses this issue.   This is a VERY DIFFICULT process to do without an attorney.  Especially because the bias in Bankruptcy court is that the Debt will not survive discharge.     
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What is my recourse after wage garnishment for a car repossession?

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Answered by attorney Emily Marie Chase-Smith (Unclaimed Profile)
Bankruptcy lawyer at Corfield Feld LLP
If you're planning on filing bankruptcy, I'd handle the garnishment that way. You can petition the court that issued the judgment, but that will take time and money, especially since you're in a different state. The sooner you can file the bankruptcy the better. Sometimes if the wage garnishment funds have not been distributed to the creditor, they can be pulled back into the bankruptcy and potentially returned to you.
If you're planning on filing bankruptcy, I'd handle the garnishment that way. You can petition the court that issued the judgment, but that will take time and money, especially since you're in a different state. The sooner you can file the bankruptcy the better. Sometimes if the wage garnishment funds have not been distributed to the creditor, they can be pulled back into the bankruptcy and potentially returned to you.
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What should I do to correct an error on my bankruptcy?

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Answered by attorney Margaret L. Evans (Unclaimed Profile)
Bankruptcy lawyer at Law Office of Margaret L. Evans, PC
Question: What should I do to correct an error on my bankruptcy? Question Detail: I filed bankruptcy on my own and the mortgage loan is under my husband's name but was included in the bankruptcy as one of my creditors even though I am not on the mortgage loan. My bankruptcy has not been discharged yet and not closed.* - you need to amend the appropriate schedules and forms to correct this error; each state is slightly different in its forms*
Question: What should I do to correct an error on my bankruptcy? Question Detail: I filed bankruptcy on my own and the mortgage loan is under my husband's name but was included in the bankruptcy as one of my creditors even though I am not on the mortgage loan. My bankruptcy has not been discharged yet and not closed.* - you need to amend the appropriate schedules and forms to correct this error; each state is slightly different in its forms*
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