| Subject | Date Asked | Expert |
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| Bankruptcy&Divorce | 7/10/2009 | Mark J. Markus- California Bankruptcy Attorney |
Q: I live in AZ and am considering Chapter 7 after my divorce is final.(Augustt) I have CC debt and ...
A: Once the divorce is final, it's final, so you're as "after" as you need to be as far as that goes. ...
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| Selling your home after during a Ch 7 BK | 7/10/2009 | Terry Leeders |
Q: My husband and I are currently waiting for our bankruptcy to discharge. We included our home in the ...
A: You can sell it up until the foreclosure, if you do it while the case is open, you need to notify ...
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| CHP 7 BK | 7/9/2009 | Mark J. Markus- California Bankruptcy Attorney |
Q: I am in the process of gathering all the information I need to meet with an attorney and start the ...
A: 1. There is no requirement to be current on your mortgages prior to filing a bankruptcy case. ...
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| maintaining vehicle ownership of classic car with bankruptcy | 7/9/2009 | Mark J. Markus- California Bankruptcy Attorney |
Q: I am in California. I own a 65 mustang that is in pristine restored condition. My husband and I are ...
A: Whether you can keep the vehicle or not depends on its value, as well as the value of all your other ...
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| Cosigner on Mortage filing bankruptcy | 7/7/2009 | Mark J. Markus- California Bankruptcy Attorney |
Q: My boyfriend & I have a mortgage on a home we both live in. Last year I had him sign a quit-claim to ...
A: Well, if there was equity in the home at the time the quitclaim was recorded, you better prevail on ...
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| back taxes | 7/7/2009 | Mark J. Markus- California Bankruptcy Attorney |
Q: Filing Chapter 13, tried Offer and Compromise, owe for 2002,2003,2006,because of back pay for SSI, ...
A: Your question, since it deals with taxes and chapter 13 budget issues, requires analysis way beyond ...
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| Bankruptcy Chapter 13 | 7/4/2009 | Mark J. Markus- California Bankruptcy Attorney |
Q: I filed a chapter 13 in 2004 pro se. The case was dismissed about five months after I filed. I ...
A: The vehicle was "abandoned" when your Chapter 13 case was closed, so you have full ownership ...
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| Ch 7 Dismissal | 7/3/2009 | Robert Vitt |
Q: I filed ch 7 in 04, but filed a dismissal a few monhs later. it was dismissed. It has been 5 years ...
A: Andy, If you never filed bankruptcy and got a discharge, then you still owe the debt. There may ...
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| SALLIE MAE STUDENT LOAN | 7/2/2009 | Los Angeles Bankruptcy Lawyer Leon D. Bayer |
Q: AFTER WE FILED FOR BANKRUPTCY, SALLIE MAE DECIDED WE COULD NO LONGER MAKE PAYMENTS ONLINE OR CHECK ...
A: Sallie Mae is at least partially right, but they could do a far better job at providing an ...
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| Mortgage Loan Modifications after Filing Chap. 7 | 7/2/2009 | Robert Vitt |
Q: It looks like my husband and I were given incorrect info.(by our Atty.) before we filed for a Chap. ...
A: This sounds like a nightmare, I am sorry that you two are going through all of this. Your ...
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| Judgement lien | 7/1/2009 | Robert Vitt |
Q: I don't think this is the correct forum for this question, but I'm hoping maybe you can help any ...
A: Jen, I will do my best to answer your question! I am not sure why this judgment shows up as a tax ...
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| My pets | 6/30/2009 | Mark J. Markus- California Bankruptcy Attorney |
Q: I have two dogs I placed at a Vet for Board and care a year ago after my wife and I lost our home. I ...
A: I'm not sure they actually have a lien, but I suppose it's possible. Filing bankruptcy alone should ...
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| Renting & Schedule E Claiming Rented Space In Home & Chapter 7 | 6/29/2009 | Mark J. Markus- California Bankruptcy Attorney |
Q: If half of my home has legally been leased,and claimed on Schedule E as Renting Space In My Home, ...
A: Not exactly sure what you mean by "excluded". Any income, including rental income must be included ...
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| Chapter 7 surrender my home | 6/29/2009 | Robert Vitt |
Q: I will be filing chapter 7 bankruptcy in Michigan. My home has a negative equity and will be ...
A: Richard, After you file for Chapter 7 an automatic stay will take effect. The mortgage company ...
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| RE Commissions | 6/29/2009 | Mark J. Markus- California Bankruptcy Attorney |
Q: I am, along with perhaps 400 others, an independent contractor working for Consolidated Resorts here ...
A: You have a priority claim up to $10,950 for commission earned within 180 days prior to the ...
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| Disabled while on Chapter 13 | 6/29/2009 | Terry Leeders |
Q: I have been paying on a Chapter 13 bankrupty for almost 3 1/2 years, with 1 1/2 years remaining. ...
A: You can do one of the following: 1. convert to ch7 if eligible, and you currently spend what you ...
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| Bankruptcy Dismissal and Foreclosure | 6/28/2009 | Mark J. Markus- California Bankruptcy Attorney |
Q: Our Chapter 13 Bankruptcy case (California) was dismissed. Within days, our house was sold to ...
A: Are you talking about the notice to foreclose, or the notice on the eviction? If the notice of sale ...
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| Income Considerations for Means Test | 6/28/2009 | Mark J. Markus- California Bankruptcy Attorney |
Q: After completing a sample Means Test, it appears that we qualify for Chapter 7 with our normal ...
A: Technically the capital gains from the sales of those items would be included in the means test, so ...
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| converting from ch13 to 7 | 6/28/2009 | Terry Leeders |
Q: My wife and I have filed ch13 been through our court hearings and the judge has signed off on our ...
A: The court charges $25 to convert to chapter 7, your attorney may charge a fee for their services as ...
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| reopening a chapter 7 case | 6/26/2009 | Terry Leeders |
Q: I filed chapter 7 bankruptcy but the bank did not send me my reaffirmation agreement before the ...
A: It would depend on your local court rules. Normally the reaffirmations must be in before the case is ...
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| Personal Bankrupt and Taxes | 6/26/2009 | Robert Vitt |
Q: We owe about $50,000 in back taxes in Federal (filed over 2 years ago May 2007). $20,000 in state ...
A: Roseline: Question 1) Can you provide me an example of tax debts that are not dischargeable? ...
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| secured debt question in ch 7 | 6/24/2009 | Terry Leeders |
Q: FYI we did a ch 7 in IL and just had our 341 mtg a week ago. We have listed on the bk paperwork that ...
A: Good news on the car. For other secured debts, like appliances, furniture jewelry etc. the attorney ...
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| Life insurance beneficiary | 6/24/2009 | Mark J. Markus- California Bankruptcy Attorney |
Q: My sister has terminal cancer. She has a life insurance policy which names her husband as ...
A: The more research I do on this, the more unclear the answer gets. There are a multitude of factors ...
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| Life insurance beneficiary | 6/24/2009 | Mark J. Markus- California Bankruptcy Attorney |
Q: My sister has terminal cancer. She has a life insurance policy which names her husband as ...
A: I'm sorry to hear about your sister's circumstances. As simple as your question is, the answer ...
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| Debtor Education Class | 6/23/2009 | Robert Vitt |
Q: I filed Chaper 13 in Dec of 2006. I have a 5 year plan. Why did the Trustee order me to take the ...
A: Assuming that you mean your personal financial management course, that is a course which everyone ...
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| Personal Bankrupt and Taxes | 6/22/2009 | Robert Vitt |
Q: We owe about $50,000 in back taxes in Federal (filed over 2 years ago May 2007). $20,000 in state ...
A: Roseline, Bankruptcy can help you. Some Tax debts are NOT dischargeable in bankruptcy, neither are ...
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| Selling home after filing bankruptcy | 6/21/2009 | Robert Vitt |
Q: I am seriously considering bankruptcy to discard my unsecured debt only. I am married and although ...
A: Ruth, It is difficult to give you a clear answer on everything you asked because I do not have a ...
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| Chapter 7 in Arizona | 6/19/2009 | Robert Vitt |
Q: I am attempting to file for chapter 7 pro se in Arizona. I received all 3 of my credit reports but ...
A: Michelle, Do I file on the original debt with the original creditor or do I need to track down who ...
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| can i keep my home and discharge a 2nd mortgage | 6/19/2009 | Los Angeles Bankruptcy Lawyer Leon D. Bayer |
Q: I live in Washington state, and my home was recently appraised at 208K-I owe 285k on the home with ...
A: It may be possible, You have to prove that the current market value of the home is BELOW what you ...
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| 2 homes filing Ch7, can we choose which home to keep? | 6/18/2009 | Robert Vitt |
Q: We are about to file Chapter 7 BK we passed the means test but we have a question regarding our ...
A: Jon, Sorry for the delayed response. Ques(1)Can we choose to keep the Arrowhead property instead ...
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| Does Automatic stay stop Tax Collector sale | 6/17/2009 | Robert Vitt |
Q: I have filed a Chapter 7 BK and just received a notice from the tax collector that my home will be ...
A: Jay, Unfortunately I cannot provide legal advice in this forum, so the following are general rules ...
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| Can I keep my home | 6/15/2009 | Robert Vitt |
Q: We have never been late on any payment of any kind ever. Until this month. We bought a home 4 years ...
A: Tressa, A Chapter 13 consists of a restructuring of debt and usually a partial payment of that ...
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| Chp 7 and profit from house sale | 6/14/2009 | Los Angeles Bankruptcy Lawyer Leon D. Bayer |
Q: We closed on chapter 7 about 4 months ago. The second mortgage was discharged because the house ...
A: I don't see how you would profit from it. A "short sale" is by definition a property sale where ...
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| Cashing out Profit sharing plan | 6/12/2009 | Robert Vitt |
Q: My husband and i filed a Chapter 13 bankruptcy 2 1/2 years ago, since then my husband left his job ...
A: Anita, Generally speaking I do not do Chapter 13 so I am not as familiar with its processes, nor am ...
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| Re-affirmation | 6/11/2009 | Robert Vitt |
Q: My wife and I have just filed chapter 7, can we re-affirm our mortgage and two cars on our own ...
A: Ivan, Yes, it certainly is. You will need to fill out reaffirmation agreements (usually this is ...
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| Re-affirmation | 6/11/2009 | Los Angeles Bankruptcy Lawyer Leon D. Bayer |
Q: My wife and I have just filed chapter 7, can we re-affirm our mortgage and two cars on our own ...
A: Theoretically, yes you can reaffirm these obligations provided the lenders are agreeable, and ...
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| bad advice? | 6/10/2009 | Los Angeles Bankruptcy Lawyer Leon D. Bayer |
Q: I am writing to you on my parents' behalf. They have found themselves in a very bad situation upon ...
A: I am so sorry that your family is facing this problem. I am curious to know if legal aid gave any ...
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| Collecting personal debt | 6/10/2009 | Robert Vitt |
Q: Before I married my husband, he loaned a female friend a significant amount of money, and got a ...
A: Ellen, I am not sure what your question is...so I will give you a response based on a detail you ...
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| mortgage listed in bankruptcy then sold to another lender after plan accepted | 6/9/2009 | Robert Vitt |
Q: I filed a chapter 7 in 2004. There were two non-residence investment properties with mortgages on ...
A: Wow, Andrea this is a complex question! I will preface this answer by stating that I am just not ...
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| Second mortgage is HELOC | 6/9/2009 | Mark J. Markus- California Bankruptcy Attorney |
Q: I just got a modification to my first mortgage but not my second - WAMU is the lender. The second is ...
A: You might be able to eliminate the second mortgage lien in a Chapter 13 case if the value of the ...
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