Justia Legal Services & Lawyers Directory

Questions Answered by Andrew Bresalier - Justia Legal Answers

• 22 February 2012Q: As an employee at a company filing for Chapter 11 protection, can I expect to get back pay and continue to be paid.
  A: Generally employees are in a protected class, and can expect pay; however, there maybe a reduction in benefits.
• 14 February 2012Q: I filed ch 13 last year and it was dismissed and then again in March this year. I filed again on June 6 and on June 7 th
  A: When a case is dismissed, it is generally with prejudice, meaning you cannot file again for 180 days (6 months). However, if it is to save your home, you could Motion the court to reinstate. This would require that you bring the payments due under the plan, up to date.
• 14 February 2012Q: Can a person not listed as a defendant have their bank account garnished?
  A: If it is proven that the funds in the account are the Defendant's and have been transfered there to avoid a creditor, it can be determined by the Court to be a Fraudulent Conveyance and the funds levied.
• 14 February 2012Q: Can one suffer a levy on bank account if this is the only money they have to pay monthly rent and bills? Suffer Hardship
  A: Generally, once funds are in a bank account, they can be levied. Hardship is not a valid exemption in any state.
• 14 February 2012Q: Yhow do i go about getting rid of a judgment on my credit report that happened more than 5 yrs ago?
  A: Regular matters stay on a Credit Report for seven (7) years. A judgment can stay on for upto 20 years.
• 14 February 2012Q: Can you recommend a list of agencies for personal financial management instructional courses?
  A: There are a lot of places proving the course. The Personal Finance Mgt class is the Post-Filing (aka 2nd) class. If you are already filed, then it is generally easier to use the same company. That way they already have your set-up info. Alternately, you can check the web site for your local Bky court for the list. I use Pioneer Credit Counseling - www.pioneercredit.com
• 14 February 2012Q: If I make this month's payment and I am still behind one month, will my case still be dismissed?
  A: The Trustee could still set a Motion to Dismiss for hearing. It may be difficult, but unless you have proof that you are currrent before the hearing the case will be dismissed.
• 14 February 2012Q: When does the Chapter 13 payment plan begin, at filing or at confirmation?
  A: Plan Payments start at filing.
• 14 February 2012Q: If I buy a house (cash), after bankruptcy (2 yrs), can it be taken for pre-bankruptcy debts?
  A: It cannot be taken for debts which were included in your bky. However, it something was omitted or it was not dischargable, and your State does not provide a Homestead Exemption, then it could be at risk.