| Subject | Date Asked | Expert |
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| bankruptcy after marriage | 11/19/2009 | Jack Hall |
Q: If I were to file bankruptcy after getting marriage for debts that were incurred prior to marriage, ...
A: If you wait until after you get married to file, your wife’s income would be a factor regardless of ...
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| Chapter 7 bankruptcy | 11/19/2009 | Mark J. Markus- California Bankruptcy Attorney |
Q: Chapter 7 Bankruptcy questions: Q1. I hear that credit card use within 6 month prior to filing ...
A: All good questions. Q1. There's no magical time period for which debts are or are not ...
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| CHAPTYER 7 BANKRUPTCY | 11/19/2009 | Jack Hall |
Q: Chapter 7 Bankruptcy questions: Q1. I hear that credit card use within 6 month prior to filing ...
A: Q1. I hear that credit card use within 6 month prior to filing bankruptcy are not discharged, but ...
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| Bankruptcy and Judgement | 11/18/2009 | Mark J. Markus- California Bankruptcy Attorney |
Q: I am in the middle of a pending lawsuit against a sole proprietor who built my home. We have a ...
A: That depends on what chapter he files, what assets he has available to liquidate for the benefit of ...
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| Personal Guarantee | 11/17/2009 | Los Angeles Bankruptcy Lawyer Leon D. Bayer |
Q: I cosigned on a business loan for my inlaws in 2001. The loan was supposed to be paid off by 2004. ...
A: I think you probably have a very good defense. As a general rule, I believe that your personal ...
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| inheritance and bankruptcy | 11/17/2009 | Norma Duenas - California Bankruptcy Attorney |
Q: I am an only child. I am considering filing for bankruptcy and getting a divorce. If I file ...
A: If you inherit property within 180 days of filing your bankruptcy petition then the inheritance can ...
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| garnishment chapter13 | 11/15/2009 | Jack Hall |
Q: My husband is the only one working and we have four children and we are in Chapter 13 and we have ...
A: Since the new debt (the judgment by the landlord) didn’t arise until after you filed the chapter 13, ...
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| chapter 7 | 11/14/2009 | Mark J. Markus- California Bankruptcy Attorney |
Q: i have a car with a payment and a pick up that is free and clear i am thinking of chapter 7 be for i ...
A: You can keep the truck as long as you can make the payments and as long as you have sufficient ...
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| Planning on getting married and wanted to file a chapter 7 | 11/12/2009 | Marydenyse Ommert |
Q: I was thinking about filing a Chapter 7 BK within the next few months. I plan to get married this ...
A: Your husband will not be affected, however his income will be inputed to you for purposes of ...
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| Bankruptcy and Divorce | 11/12/2009 | Norma Duenas - California Bankruptcy Attorney |
Q: My husband and I separated 6 months ago and filed Chapter 7 last week. I'd like to get the divorce ...
A: Generally there is no problem with you commencing the divorce proceedings while you are in ...
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| fight creditors or file BK... | 11/12/2009 | Jack Hall |
Q: I had a small business set as a S_corp, opened 2 business credit cards, closed business and CC want ...
A: Without hearing any other factors involved, my initial impression would be to save your money. If ...
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| chapter 13 | 11/11/2009 | Jack Hall |
Q: I have been in chapter 13 for 2 1/2 years. I have 2 acres can I sign the property over to my sister ...
A: First of all, how you handle this depends on how you want to "sign the property over", and secondly, ...
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| help | 11/11/2009 | Norma Duenas - California Bankruptcy Attorney |
Q: we have two vehicles, both work, one got repossess this morning, what can we do? both names was on ...
A: Your best option at this point is to first consult with a local bankruptcy attorney in your area. ...
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| After Bankruptcy | 11/10/2009 | Jack Hall |
Q: My Chapter 7 Bankruptcy was discharged in August of this year. I have now heard that the credit card ...
A: ABSOLUTELY NOT!!! I can't emphasize this enough. Although there is a provision in the Internal ...
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| Chapter 7 Bankruptcy | 11/10/2009 | Marydenyse Ommert |
Q: I recently filed for chapter 7. I have a house and a home equity loan. I already filed my papers. ...
A: The foreclosure will go forward, once the stay is lifted, but the foreclosure will go only against ...
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| Bankruptcy Dependents | 11/9/2009 | Norma Duenas - California Bankruptcy Attorney |
Q: Can an elderly parent who lives with me and whom I support be claimed as a dependent in a Chapter 7? ...
A: First the issue of who is considered a dependent and household size generally varies by ...
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| Bankrupcy and Trusts | 11/5/2009 | Los Angeles Bankruptcy Lawyer Leon D. Bayer |
Q: I have filed for Bankrupcy and am scared that my partents' trust, which I am a beneficiary of, is ...
A: Bankruptcy Code §541 provides that a right to receive an inheritance gets pulled into the bankruptcy ...
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| Life after bankruptcy | 11/5/2009 | Norma Duenas - California Bankruptcy Attorney |
Q: My pre-bankruptcy court hearing is on Nov. 9th in california. However, because the courts are ...
A: Although a bankruptcy filing is a factor considered by landlords and owners in determining whether ...
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| Complicated? | 11/1/2009 | Mark J. Markus- California Bankruptcy Attorney |
Q: I am divorced, in my divorce I was awarded the family home. The title to the home is only in my ...
A: As long as you remain current with the payments due on the mortgage(s), a bankruptcy by your ...
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| Complicated? | 11/1/2009 | Marydenyse Ommert |
Q: I am divorced, in my divorce I was awarded the family home. The title to the home is only in my ...
A: As long as both of your names are on teh mortgage and you remain current on the mortgage, they ...
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| Complicated? | 11/1/2009 | Jack Hall |
Q: I am divorced, in my divorce I was awarded the family home. The title to the home is only in my ...
A: Unfortunately, your question does not give enough facts to appropriately answer it. For example, ...
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| Complicated... | 11/1/2009 | Norma Duenas - California Bankruptcy Attorney |
Q: I am divorced, in my divorce I was awarded the family home. The title to the home is only in my ...
A: There are several options you should look into if you are concerned that your husband will file for ...
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| Chapter 7 and cashier's check? | 10/31/2009 | Marydenyse Ommert |
Q: After filing bankruptcy but prior to discharge, I received a cashier's check for 26 dollars drawn on ...
A: I really don't have enough information to answer this question. I understand that it is a cashier's ...
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| Filing chapter 7 late on mortgage and car note | 10/30/2009 | Terry Leeders |
Q: I'm currently thinking about filing ch 7, I'm currently two months late on my mortgage and about 2 ...
A: You have to disclose all assets in the case, even if just added on. Normally creditors want you to ...
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| Ch 7 bk | 10/29/2009 | Mark J. Markus- California Bankruptcy Attorney |
Q: I live in a community property state, WA. My wife and I just got married in February. I am filing ...
A: If no money has been deposited into her account since you got married, then you can probably leave ...
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| forgot to add some creditors. | 10/29/2009 | Norma Duenas - California Bankruptcy Attorney |
Q: my lawyer just filed my bk chapter 7 petition last week and i forgot to add 3 more creditors. can i ...
A: Most lawyers will charge a small fee for amending your petition to list additional creditors. In ...
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| effects of qdro and bankruptcy | 10/27/2009 | Jack Hall |
Q: i understand i can't claim bankruptcy to avoid paying 1/2 the 401k to ex-wife with no qdro in place ...
A: If she had good counsel, they would probably claim that that was a fraudulent transfer and try to ...
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| reaffirmation agreement | 10/26/2009 | Mark J. Markus- California Bankruptcy Attorney |
Q: i'm filing a chapter 7 to discharge a lot of credit card debts. i have my primary home and 1 rental ...
A: I never recommend reaffirmation agreements, and they are unnecessary on real estate. You should ...
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| Conversion | 10/26/2009 | Jack Hall |
Q: I filled chapter 13 in 2007. Since then I have lost my income. I am receiving LTD (long term ...
A: Dawn: Unfortunately, there are not enough facts in your question to give you a complete answer. ...
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| ch7 & loan mod | 10/26/2009 | Mark J. Markus- California Bankruptcy Attorney |
Q: I'm working on setting up a loan mod with Chase - the 2nd trial payment will be this week and the ...
A: There's nothing in the bankruptcy law that would kill the loan mod, but as a practical matter, if ...
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| Chapter 7 and 2005 Tax refund | 10/26/2009 | Mark J. Markus- California Bankruptcy Attorney |
Q: I have filed an amended tax return for 2005 for a refund. However the IRS has denied it and I have ...
A: When you receive the refund is irrelevant. It's property of the estate if you're entitled to ...
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| rental property with my sister | 10/25/2009 | Norma Duenas - California Bankruptcy Attorney |
Q: i'm filing a chapter 7. i have a rental property with my sister in arizona. how will this affect ...
A: If your sister is a cosigner on the property and you are discharging the rental property mortgage in ...
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| rental property with my sister. | 10/25/2009 | Marydenyse Ommert |
Q: i'm filing a chapter 7 and i have a rental property with my sister in arizona. how will this affect ...
A: I Hope all is well under the circumstances. As for your question, and whether or not your filing ...
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| rental property in arizona with my sister. | 10/25/2009 | Jack Hall |
Q: i have a primary house in calif, a second home in arizona, severely underwater and mortgage pymts ...
A: i have a primary house in calif, a second home in arizona, severely underwater and mortgage pymts ...
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| Chapter 13 - dismissal/can't make plan payments | 10/25/2009 | Mark J. Markus- California Bankruptcy Attorney |
Q: My husband filed for chapter 13 in California almost a year ago. He is on a 100% plan to pay 1 very ...
A: If the case hasn't been previously converted from another chapter, he should be able to voluntarily ...
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| Protecting a Social Security Retroactive lump sum payment | 10/25/2009 | Norma Duenas - California Bankruptcy Attorney |
Q: I will be receiving Social Security Disability benefits beginning November 3, 2009 in the amount of ...
A: Social security benefits are considered exempt. Since you are representing yourself, you should ...
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| QUESTIONS | 10/24/2009 | Los Angeles Bankruptcy Lawyer Leon D. Bayer |
Q: ....if a person files for bankruptcy, I am told all the collection of debt from the harassers will ...
A: 1. The average case goes through the court system in about 4 months. 2. If you file but don't go ...
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| chapter 7 | 10/24/2009 | Mark J. Markus- California Bankruptcy Attorney |
Q: I have a business that I'm trying to sell. If I cannot sell, I will need to do a chapter 7, which I ...
A: Is your "business" a corporation or partnership, or is it just you as a sole proprietorship? You ...
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| 401K loan prebankruptcy | 10/23/2009 | Terry Leeders |
Q: I may be filing a CHP 13 to resolve a judgment. I would like to replace my car prior to filing. If I ...
A: 2 issues: 1. if the car is paid in full, that is an asset then, and you would have to pay back ...
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| Chapter 13 | 10/23/2009 | Mark J. Markus- California Bankruptcy Attorney |
Q: My chapter 13 was just dismissed and I filed a chapter 7 in 2004 can you tell me when can I file a ...
A: If you received a discharge in your prior Chapter 7 case, you cannot receive a discharge in a ...
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