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1. D
  Am I entitled to my accrued PTO when a company declares bankruptcy?
  
  Your Paid Time Off is a claim in the bankruptcy and might be paid if there are funds to pay it. File a Proof of Claim and hope that there will be funds available for distribution - but don't count on it. Your claim is a "priority claim" up to $12,850 for "wages, salaries or commissions...
  despritfreya
  
  Post #7
  
  Oct 30, 2018
  
  Forum: Business Bankruptcy
2. D
  House payment during chapter 13
  
  I suggest you meet with the attorney. Until he withdraws he has a duty to address this matter since it impacts the success (or failure) of the Chapter 13. As to the lack of response for an accounting, an Order to Show Cause will go a long way to get one. Discuss this with the attorney. As to...
  despritfreya
  
  Post #6
  
  Oct 29, 2018
  
  Forum: Consumer Bankruptcy
3. D
  House payment during chapter 13
  
  No way to know since we do not have a copy of your loan contract. If you are making mortgage payments directly to the lender call the lender to find out why there was an increase. Des.
  despritfreya
  
  Post #4
  
  Oct 29, 2018
  
  Forum: Consumer Bankruptcy
4. D
  Would filing bankruptcy relief me froma the debt i claimed to pay to my ex partner in a buy out contract?
  
  Not a big deal. She will face a 523(a)(6) and/or a MTD as the case appears to be nothing more than a 2 party dispute. Des.
  despritfreya
  
  Post #10
  
  Aug 27, 2018
  
  Forum: Business Bankruptcy
5. D
  Chapter 7 Student Loans as Buisness Debt
  
  Google: In re Ferreira, 549 B.R. 232 (Bankr. E.D. Cal., 2016) for an analysis of the issue you raise. I do not think the 3rd Circuit has ruled on this so you need to find out if there is case law in your State on the issue and/or how the Office of the US Trustee in Pennsylvania deals with...
  despritfreya
  
  Post #10
  
  Aug 26, 2018
  
  Forum: Consumer Bankruptcy
6. D
  Would filing bankruptcy relief me froma the debt i claimed to pay to my ex partner in a buy out contract?
  
  Mr. Dsouza, Had you read OP's comments you would have seen that OP is in Arizona, not Florida. Des.
  despritfreya
  
  Post #7
  
  Aug 24, 2018
  
  Forum: Business Bankruptcy
7. D
  dismissed ch 7 orders
  
  Before a proper answer can be formulated we would need to know exactly what the Orders you wish to have held void actually state. 11 U.S.C. 349 controls the impact of the dismissal of a case but even that section's very first words are "unless the court, for cause, orders otherwise. . ." So...
  despritfreya
  
  Post #5
  
  Aug 15, 2018
  
  Forum: Consumer Bankruptcy
8. D
  Would filing bankruptcy relief me froma the debt i claimed to pay to my ex partner in a buy out contract?
  
  In general, if this is simply a money issue (not an attempt to regain ownership of the business or its assets or an allegation of misrepresentation) then a bk should end the problem with your partner. Unfortunately, in the process of filing bk you may lose the restaurant, especially if you...
  despritfreya
  
  Post #5
  
  Aug 13, 2018
  
  Forum: Business Bankruptcy
9. D
  Business Bankruptcy Or Just Close Up Shop?
  
  1. If the LLC was not properly formed and your state (through statue or case law) does not recognize de facto corporations, all debt is your debt. 2. If the LLC was properly formed and/or a de facto corporation exists, the only debt you are responsible for is that debt which you personally...
  despritfreya
  
  Post #7
  
  Jun 10, 2018
  
  Forum: Business Bankruptcy
10. D
  File Bankruptcy or not, advise me plz
  
  10 U.S. Code § 1440 states: Except as provided in section 1437(c)(3)(B) of this title, no annuity payable under this subchapter is assignable or subject to execution, levy, attachment, garnishment, or other legal process. You and the other attny would be correct if your retirement falls under...
  despritfreya
  
  Post #18
  
  Jun 8, 2018
  
  Forum: Consumer Bankruptcy
11. D
  File Bankruptcy or not, advise me plz
  
  “I consulted 2 lawyers in real life and one said my money was protected, and one said creditors could take it.” I can't imagine any attny asserting that funds traceable to VA disability is subject to garnishment therefore I can only assume that the attny who said the money was not protected was...
  despritfreya
  
  Post #15
  
  Jun 7, 2018
  
  Forum: Consumer Bankruptcy
12. D
  Chapter 7 trustees and company shares
  
  Just so that you understand. . . If you file bk, your right to a percentage of the sale price is an asset of the bk estate and pursuant to 11 USC 541. In the context of a Chapter 7 it does not matter what you think the asset is worth. Unless you can find an exemption that will protect the...
  despritfreya
  
  Post #11
  
  Jun 2, 2018
  
  Forum: Consumer Bankruptcy
13. D
  File Bankruptcy or not, advise me plz
  
  @Catdog2000 Just a FYI - please make sure your military retirement and VA disability are deposited into a designated bank account. DO NOT commingle those funds with any other source of money including wages should you return to work. The funds that are traceable to your Federal benefits are...
  despritfreya
  
  Post #8
  
  May 24, 2018
  
  Forum: Consumer Bankruptcy
14. D
  File Bankruptcy or not, advise me plz
  
  First and foremost, your health and the health/well-being of your wife and son are paramount. Second, you mentioned a Chapter 13. Why? Sounds like, if anything, you would be filing a 7. My assessment would change if you either had too much pension income combined with the disability income...
  despritfreya
  
  Post #6
  
  May 23, 2018
  
  Forum: Consumer Bankruptcy
15. D
  Friend declared bankruptcy
  
  The post discharge payment of $100/month did not revive the discharged debt. A debtor has the right to voluntarily repay any obligation that was subject to a discharge. See 11 USC 524(f). Making payments post discharge for a debt that was not reaffirmed pre discharge does not revive the...
  despritfreya
  
  Post #21
  
  May 7, 2018
  
  Forum: Debt Collections
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