Legal Question in Bankruptcy in Nevada

Bankrupecy

I have a non compete contract from my business that I sold.Part of the contract was I loaned the buyer a sum of money.I get payments each month.I wanted to file personal cht.7 but lawyer said if I did,the trustees would take income from non compete.I can not pay my living expenes the way it is! Any ideas?


Asked on 5/06/09, 8:16 am

1 Answer from Attorneys

Jeffrey Cogan Jeffrey A. Cogan, Esq., Ltd.

Re: Bankrupecy

See if you can get the buyer to make a lump sum basis if you agree to discount the amount. You need to get another lawyer as, even though he may be right about the Trustee, he should have thought of this.

There are other things that you can due, you might be able to exempt it and prevent the Trustee from taking it but I would need to know more.

Finally, I am not sure that the Trustee can take the money because there is something you are giving up for the money, ie. not competing. This may be in the nature of future paychecks just like a salary from an employer. He can only get the paycheck that is owed on the date of the Petition if you were an hourly employee and I believe you may be able to exempt the future payments just like a paycheck.

If you would like to meet with me, please email.

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Answered on 5/06/09, 10:31 am


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