Quick Answers to Bankruptcy Questions & Understand How Bankruptcy Laws Affect You

Archive for January, 2009

Does a judgment from 1981 accrue interest until it’s collected?

Wednesday, January 14th, 2009
bankruptcy law

A moneteray judgement was made in 1981 and the person who was to pay filed bankruptcy, so it went uncollected. Now this person was in the newspaper bragging about making a killing selling his business. Would the judgement have grown due to some type of interest written into the law.
It was a city/county district court case based on physical injury and responsibility for said injury.
Thanks

Tax question for a good lawyer.Will I recieve my 2007 tax check if I filed bankruptcy in 2007?

Tuesday, January 13th, 2009
bankruptcy law

I know the laws are diffrent from state to state so heres the in depth of it all. I declared bankruptcy in May 2007, I have not filed my taxes yet and I expect to recieve more than $2000 back. I am in Northern Indiana, Allen County, if that helps give me a more accurite answer.

OBAMA speech in full?

Tuesday, January 13th, 2009
bankruptcy law

http://www.drudgereport.com/flashos.htm

After read this, how in the world are people still hating on this Man??? There is really no hope for us, if we continue to be sheep, unity should be our mission

Will my mom be the one that responsible for the damage?

Monday, January 12th, 2009
bankruptcy law

My mom has been married with this guy for 3 years now. Lately she discovered that he had a bankruptcy in the past and was settled. But now looks like he started to use the credit cards again without knowing how he is going to pay up the bills. I’m new to the country, so i don’t know the law yet. If he died, would my mom be the one who has the responsibility to take care of the damage?. Thank you all for your time reading my question, i’m really appreciate it. Regards.

Will Democrat tax hikes jeopardize the retirement portfolios of millions of middle-income Americans?

Monday, January 12th, 2009
bankruptcy law

.

Washington’s ‘War Against Winners’
A cap-gains assault on private partnerships would strike a dagger into the heart of U.S. capital formation.

Last Friday’s precipitous stock-market plunge, with the Dow Jones dropping 185 points, is all about Washington’s continued war on prosperity.

The latest assault comes courtesy of House Democrat Sander Levin. Late last week, he introduced a bill that essentially would abolish the 15 percent capital-gains tax preference for risk investing, and raise it by 20 percentage points to the 35 percent corporate and personal rate. This goes beyond an earlier tax attack on a public offering by the Blackstone Group, and would slam into all private partnerships, including buyout funds, hedge funds, venture-capital firms, real estate partnerships, and oil-and-gas deals.

Incidentally, while attacking capital gains, the congressional Democrats are killing initiatives for across-the-board cuts on wasteful appropriation bills. According to the Club for Growth, House Democrats defeated separate measures that would cut spending by 4 percent, 1 percent, and 0.5 percent.

Does this mean the Democrats favor tax hikes over real spending control? It appears so.

Washington economist Kevin Hassett says this is part of the Democrats’ “war against winners,” and he’s right on the money. In particular, these willy-nilly changes of the tax rules would have a chilling effect on capital formation, and could constitute the biggest attack on capital since the 1930s.

As mentioned, the lightning rod in this tax-hike endeavor was the Blackstone Group, the private-equity giant that went public last week. Blackstone’s investment-fund profits are taxed at the 15 percent cap-gains rate, and since these profits come from high-risk investments, that’s how it should be. But Democrats in Congress view these profits as plain income, and greedily want a higher take.

But plain ol’ income this is not. The recent crack up of two Bear Stearns sub-prime-mortgage hedge funds shows just how risky these ventures can be.

Yes, there’s big money to be made when these private partnerships click. But the economy at large also is a beneficiary. Private buyout funds often save highly troubled companies from bankruptcy. They insert skilled managers who streamline operations and make businesses more efficient, a process that can ultimately lead to greater profits and business expansion. You know a lot of these companies: Chrysler, Staples, Sears, Domino’s, Dunkin’ Donuts, Toys“R”Us, Clear Channel Communications, Hospital Corporation of America. All of these firms were brought back from the dead thanks to private partnerships.

Nobody knows for sure whether Congress will green-light the Democrats’ anti-growth agenda. The hope is that President Bush will veto any tax hike that lands on his desk. But the mere threat that Congress would embark on such a program of wealth destruction and economic impoverishment — all in the name of taxing “rich people” — has investors reeling.

Ironically, a lot of today’s anti-cap-gains momentum is the handiwork of former Clinton Treasury secretary Robert Rubin. He actually believes a low cap-gains tax has no economic growth impact at all. However, back when Clinton and Rubin were running things, the personal income-tax rate was lifted from 31 to 40 percent, while the cap-gains tax was reduced from 28 to 20 percent, making for a 20 percentage point tax advantage for cap-gains over regular income. Flashing forward, the current Bush administration lowered the income-tax rate to 35 percent and the cap-gains rate to 15 percent, preserving that 20 percent differential.

Hmm . . . Is Rubin saying the cap-gains tax advantage was good for the Clinton boom, but not the Bush boom?

Truth is, that differential provides a strong incentive for entrepreneurial risk taking and higher-risk, cutting-edge investment — both of which lend real torque to the economy.

Another unfortunate irony is that while Democrats think they’re striking out at the rich, they’re actually jeopardizing the retirement portfolios of millions of middle-income Americans. Firemen, police officers, and teachers, to name a few, are all represented by the big state and city pension funds. And these funds are heavily invested in the hedge and private-equity funds that the Democratic tax machine is targeting. Is this fact lost on the Democrats? And don’t they realize that two out of every three voters in recent elections owned stocks — either directly or indirectly? Are they attempting to commit political suicide?

If the Democrats get their way, job creation will be adversely affected, too. Clearly, you can’t create new jobs in the private sector unless there’s a new or expanding business to create those jobs. And since new and expanding businesses require capital for investment funding, if you tax that capital more, you get less investment and fewer jobs.

In short, you can’t have capitalism without capital. The process works for “rich people” and the middle class.

Whenever Democrats wage war against the rich, the middle class becomes the collateral damage. This may be the law of unintended consequences, but it is something this Congress fails to understand.
.

________________________________________

legal & tax advice buying a home for in-laws (michigan)?

Sunday, January 11th, 2009
bankruptcy law

my wifes parents are claiming bankruptcy (business closed) and are leaving their house. we would like to buy a housethey could stay in, near to us (within 5 miles). Some lenders require more (down payment/higher rate) because this is an “investment property” but i have been told that they are family and this could be my second home (lower down/lower rate). my attorney states that we should have a lease, and would pay taxes on a fair market rent, but we dont plan on charging them. Will I have to pay taxes on a non-existent income? can I still get the tax deductions for mortgage interest and city taxes I pay? can they homestead the property? I’m lost. any knowledgeable direction is greatly appreciated. Basically, can I buy a second home for myself and let my in-laws stay for free? Will I have claim this as income producing (even though it’s not)? Are tax advantages better one way or another?

Why Is it That many of the people who respond to people’s legitimate bankruptcy questions do the following?

Sunday, January 11th, 2009
bankruptcy law

1. Tell people not to file without knowing their situation
2. Tell people that credit cards are not dischargeable anymore, when in fact they are
3. Tell people they are horrible people for even thinking about it
4. Tell people they need 6 months of credit counselling when the requirement is actually that you have it within 180 days of filing (and at least a day before you file).
5. Are some people deliberately lying about bankruptcy law, or is this typically just people that know nothing about it that insist on answering something they know nothing about?
6. Why do people tell people that they should leave things OUT of their bankruptcy when the bankruptcy code clearly states that everything MUST be listed?

I ask because it worries me that people will actually follow this incorrect advice.
My question is clearly why these people keep answering questions incorrectly. I do not ask bankruptcy questions here because I am a bankruptcy attorney, it just bothers me to see all these people saying completely wrong things about bankruptcy knowing that whoever is asking the question may not know any better and follow their advice.

I’ve never had a reason to contact money management international, though I’m sure some clients have had their counseling there.

SHOULD STUDENTS THAT ARE DISABLED OR CAN’T AFFORD TO PAY STUDENT Loans BACK Be Allowed?

Sunday, January 11th, 2009
bankruptcy law

To File Bankruptcy by a Proposed Law in Congress? Your Thoughts Please. Some Lenders are asking upwards of $200.00 and more per Month!

Is anyone familiar with the bankruptcy laws in NJ?

Friday, January 9th, 2009
bankruptcy law

I want to claim bankruptcy, but I need a vehicle to work. I have leased vehicled. Can you keep that?

Bankruptcy proceedings are commenced under?

Thursday, January 8th, 2009
bankruptcy law

A) state or federal law at the option of the debtor
B) federal law
C) state or federal law at the option of the creditors
D) state law
E) local ( county) law