| Subject | Date Asked | Expert |
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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 | Norma Duenas |
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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| 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 |
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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| 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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| 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 |
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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| 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 |
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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| filing bankrupcy with low income | 10/18/2009 | Norma Duenas |
Q: Is there any help for people who need to file bankruptcy and had to go on public assistance due to ...
A: Look into a Legal Aid Society in your area. They will generally provide bankruptcy assistance ...
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| bankruptcy | 10/18/2009 | Terry Leeders |
Q: About 8 months ago my ch. 7 bankruptcy was accepted by the court. I released a particular property ...
A: If you listed the debt in the chapter 7, and the case discharged it, it would mean that this is the ...
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| bankruptcy | 10/18/2009 | Mark J. Markus- California Bankruptcy Attorney |
Q: About 8 months ago my ch. 7 bankruptcy was accepted by the court. I released a particular property ...
A: The terminology you use is a bit confusing. If you're saying that you received a discharge in a ...
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| bankruptcy | 10/18/2009 | Norma Duenas |
Q: About 8 months ago my ch. 7 bankruptcy was accepted by the court. I released a particular property ...
A: The information and you provided to the creditor may resolve the situation and stop them from ...
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| Mortgage & Loss of a job | 10/16/2009 | Norma Duenas |
Q: I lost my job several months ago and I contacted Chase who has my mortgage and told them I was ...
A: First you should speak to a lawyer regarding your situation regardless of what you were told from ...
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| Bankruptcy Option | 10/15/2009 | Terry Leeders |
Q: I'm not sure what else I can do. I have a creditor mailing me every week telling me if I don't pay ...
A: This is a very popular reason to file bankruptcy. It allows a fresh start, to help get you back on ...
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| Lender's Rights? | 10/15/2009 | Norma Duenas |
Q: Some months back, I'd made the horrible error of loaning to a person, whom I thought was my friend, ...
A: In Chapter 7 bankruptcy individuals can discharge unsecured personal loans which from your ...
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| Lender's Rights? | 10/15/2009 | Terry Leeders |
Q: Some months back, I'd made the horrible error of loaning to a person, whom I thought was my friend, ...
A: Absent fraud, the debt may be dischargeable in chapter 7 bankruptcy. you can sue him in the ...
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| Missed reafermation | 10/13/2009 | Mark J. Markus- California Bankruptcy Attorney |
Q: I filed a chapter 7 bk in CA Central on 6/20/2009. The statement of intent identified two rental ...
A: A reaffirmation agreement can be filed any time prior to discharge in a CHapter 7 case. If you ...
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| Bankrupcy and back taxes owed | 10/13/2009 | Terry Leeders |
Q: My husband runs his own landscaping business and makes around $40k/year. He hadn't filed taxes for ...
A: Sorry, sounds like they will be non-dischargeable. To be dischargeable, income taxes must be at ...
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| BANKRUPTCY AND BACK TAXES | 10/13/2009 | Los Angeles Bankruptcy Lawyer Leon D. Bayer |
Q: MY HUSBAND FILED BANKRUPTCY IN 2007 FOR EMPLOYEE TAXES AND SHUT HIS BUSINESS DOWN. tHE IRS IS NOW ...
A: I generally can't answer a question like yours, because I don't have the opportunity to review all ...
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| violation of bankruptcy stay | 10/13/2009 | Mark J. Markus- California Bankruptcy Attorney |
Q: is a judgment in a state court action entered after the petition date a violation of the automatic ...
A: Yes, it is a violation of the automatic stay, although clearly not intentional, so there's probably ...
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| lien removal post bk | 10/11/2009 | Mark J. Markus- California Bankruptcy Attorney |
Q: after reading some bk forums i am totally confused about the proper way to remove/vacate a lien ...
A: I think you're mixing up a couple of different concepts here. A judgment and a lien are two ...
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| Chapter 11 Priority Claims | 10/8/2009 | Mark J. Markus- California Bankruptcy Attorney |
Q: I am the owner of a S Corp and was awarded a $20,000 judgement in the state of Virginia against one ...
A: The judgment is definitely not a priority claim. If you converted the judgment into a lien more ...
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| bankruptcy | 10/8/2009 | Mark J. Markus- California Bankruptcy Attorney |
Q: Eight months ago my ch. 7 was accepted by the court and trustee ( I forgot the right word for it). ...
A: bankruptcy is a matter of public record so anyone can look it up if they want to. I can't tell you ...
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| Reaffirmation agreement | 10/7/2009 | Mark J. Markus- California Bankruptcy Attorney |
Q: I read your response to the person whose atty messed up by not filing the Reaffirmation agreement ...
A: Well, I suppose you could do a motion to reopen to allow the reaffirmation agreement to be filed, ...
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| Chapter 7 | 10/3/2009 | Mark J. Markus- California Bankruptcy Attorney |
Q: Mr. Markus, I had a chapter 7 bk that was closed in May of 2004 (would that be the same date of ...
A: At this time you can file a Chapter 13 case (assuming you're within the debt limits). You cannot ...
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| AMENDMENT | 10/2/2009 | Mark J. Markus- California Bankruptcy Attorney |
Q: I FILED A BK A FEW MONTHS AGO WHICH IS NOT DISCHARGE AS OF YET,LATELY I RECV'ED PHONE CALLS FROM ...
A: That depends on what chapter you filed and the laws of the jurisdiction where your case is filed. ...
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| reaffirming mortgage | 10/1/2009 | Terry Leeders |
Q: I filed BR chapter 7 in Florida Jan 2009 was discharged in may.I am selling my house and have found ...
A: The mortgage lien will stay on the home until the home is sold or paid thru a refinance. If there is ...
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| tax debt in chapter 13 | 9/30/2009 | Terry Leeders |
Q: if i file a chapt 13, discharging my non-priority cc debts & arrange a payment plan on delinquent ...
A: If the tax debt is more than three years old, they are discharged upon completion of the case. If ...
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| bk and small claims | 9/29/2009 | Mark J. Markus- California Bankruptcy Attorney |
Q: My chapter 7 bk was discharged in July of 2009. (I live in Ca.) I am now being taken to small claims ...
A: If your chapter 7 bankruptcy was a no-asset case (meaning no assets were liquidated and distributed ...
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| BK Discharge/Unrecorded Mortgage | 9/28/2009 | Mark J. Markus- California Bankruptcy Attorney |
Q: Went through BK 13 in NJ, I claimed bank as secured, they ended up being unrecorded, they obtained ...
A: All the discharge does in any bankruptcy case is eliminate your obligation to pay on the debt. So ...
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| BK Discharge/Unrecorded Mortgage | 9/28/2009 | Mark J. Markus- California Bankruptcy Attorney |
Q: Went through BK 13 in NJ, I claimed bank as secured, they ended up being unrecorded, they obtained ...
A: Well, trying to foreclose isn't a violation of the discharge IF they have a valid perfected lien ...
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| Reopen Chapter 7 to file Form 23 | 9/28/2009 | Mark J. Markus- California Bankruptcy Attorney |
Q: I am representing myself in a CA chapter 7 bankruptcy. I had the trustee's meeting in December and ...
A: That really depends on the Judge in the policies in your district. In general, if you completed the ...
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| Personal bankruptcy Chapter 7 | 9/27/2009 | Mark J. Markus- California Bankruptcy Attorney |
Q: Is your home exempt when you go bankrupt?
A: That depends on the amount of equity in the home, the value of all other assets, the Chapter of ...
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