| Subject | Date Asked | Expert |
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| Education debt | 8/29/2008 | Leon D. Bayer, Esq. |
Q: Sir, I currently hold a tuition bill that is in default. A collection agency is asking me to pay 30 ...
A: OOPS! SEE THE CHANGE IN CAPS: I need more information. Student loans are generally not discharged in ...
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| Girlfriend Filing | 8/25/2008 | Mark J. Markus- Bankruptcy Attorney |
Q: I have a live-in girlfriend. She is not on the lease, we have no joint obligations. She is filing ...
A: Her filing bankruptcy or being delinquent on her credit card debts should not affect you at all ...
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| Ch 13 Dismissal | 8/25/2008 | Mark J. Markus- Bankruptcy Attorney |
Q: As part of our divorce agreement my ex would be responsible for making the ch 13 payments. He was ...
A: If you live in a community debt state and the debt was incurred during your marriage, then you ...
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| Car lease in Chapter 7 | 8/23/2008 | Leon D. Bayer, Esq. |
Q: I have a leased jeep that I have fallen behind in payments and I'm thinking of doing a Chapter 7 ...
A: Assuming you are qualified for a 7, (and I don't know if you are, to find out you really need an in ...
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| BANKRUPTCY | 8/21/2008 | Mark J. Markus- Bankruptcy Attorney |
Q: if I file bankruptcy in two weeks and I have only used my credit card for about $100 over the past 3 ...
A: I cannot tell you what an individual creditor will or won't do. If a creditor can prove that you ...
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| ok to file BK 13 if you just just started to be self employed? | 8/21/2008 | Leon D. Bayer, Esq. |
Q: I have a friend who lost his job, however, he just got a job working full time on a contract basis ...
A: The requirement in this regard is that the person who files must be an individual with "regular ...
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| Chase Mod - after Chapter 7 discharge? | 8/21/2008 | Terry Leeders |
Q: Due to severe illness, I filed Chapter 13 in Oct 2006. I included my home, 80/20 mortgages, Chase ...
A: yes, because they still have a lien on the home, they can offer you options. The bankruptcy only ...
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| 2nd Mortgage & chapter 7 | 8/21/2008 | Mark J. Markus- Bankruptcy Attorney |
Q: Our 2nd mortgage was not reaffirmed in chapter 7 BK. Chase sold loan to debt collector who placed ...
A: You're not throwing your money away, unless you don't want to keep your house. As long as you are ...
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| Should I file bankruptcy | 8/20/2008 | Terry Leeders |
Q: My mortgage co. just approved a short sale on my old property. They said I was going to be 1099ed ...
A: You can be billed for the difference as income on your taxes. You can surrender the home in full ...
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| no reaffirmation on my mortgage | 8/20/2008 | Terry Leeders |
Q: In 2005 we filed bankruptcy, towards the end of it we told our lawyer that we never got anything ...
A: If no reaffirmation was signed, you can surrender the home and not owe another penny on the debt. ...
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| Reaffirming Old Debt After Chapt. 7 | 8/20/2008 | Mark J. Markus- Bankruptcy Attorney |
Q: My bankruptcy was finalized sometime around 06/2007. I'm having a very hard time reestablishing ...
A: You cannot reaffirm the existing debt unless you enter into a reaffirmation agreement and have it ...
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| chapt 13 | 8/19/2008 | Mark J. Markus- Bankruptcy Attorney |
Q: My attorney through some miscommunication did not explain that under the new law I could not get a ...
A: If you dismiss it, it will be a voluntary dismissal. There probably will not be a 180-day bar on ...
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| amendment to ch 7 | 8/19/2008 | Mark J. Markus- Bankruptcy Attorney |
Q: i recently filed ch 7 bankruptcy but it still has not closed due to a reaffirmation contract that ...
A: I'm not sure I understand your question or facts. You are required to list all assets and all ...
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| Chapter 13 Dismissal | 8/18/2008 | Mark J. Markus- Bankruptcy Attorney |
Q: I missed 2 payments in my 13, but am going to make a double payment in September. Will the trustee ...
A: I have no idea what the policy of the Trustees and Judges in your jurisdiction are, but in most ...
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| chapter 7 | 8/17/2008 | Mark J. Markus- Bankruptcy Attorney |
Q: I filed chapter 7 and went to the hearing about two weeks ago. My home and care are protected and I ...
A: You can hire a new attorney at any time. I don't know what else to tell you. I cannot handle the ...
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| chapter 7, credit reporting | 8/17/2008 | Leon D. Bayer, Esq. |
Q: My husband and i filed chapter 7 back in 2004 and it was discharged. we were then told our chapter 7 ...
A: Everything you mention being told about this is completely wrong and mixes up two very different ...
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| Withdrawing from a Chapter 7 Petition | 8/17/2008 | Terry Leeders |
Q: I live in the state of NJ. After the meeting of creditors I thought that everything was fine but the ...
A: You should wait to see what the trustee says once they get their own valuation. If your home is too ...
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| Chapter 7 and auto repossession | 8/16/2008 | Terry Leeders |
Q: We recently filed for Chapter 7 bankruptcy here in TX. We DID NOT included my husbands truck, ...
A: If you did not list the debt in bankruptcy, it will not be discharged. Normally, debtors choose to ...
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| Revokation of Discharge | 8/16/2008 | Terry Leeders |
Q: Our chapter 7 bankruptcy was filed just before the new laws took effect in October 2005 and was ...
A: Yes, if you have not paid the trustee, she can in fact bring a motion to revoke your discharge. You ...
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| Partner in a home title going through bankruptcy. | 8/15/2008 | Terry Leeders |
Q: I live in Florida, and a partner and myself went 50/50 into purchasing a home a number of years ago. ...
A: The court will look to the equity in the home, and what his share is. The court could liquidate the ...
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| BANKRUPTCY | 8/15/2008 | Mark J. Markus- Bankruptcy Attorney |
Q: Last week I sent my papers to a lawyer and was told that I do not qualify for ch. 7 because me and ...
A: That's an impossible question to answer without having all the relevant data. There are two tests ...
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| BANKRUPTCY | 8/15/2008 | Leon D. Bayer, Esq. |
Q: Last week I sent my papers to a lawyer and was told that I do not qualify for ch. 7 because me and ...
A: I am very sorry that you have to go through financial problems, and then you wind up getting layed ...
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| bankruptcy and lawsuit | 8/15/2008 | Mark J. Markus- Bankruptcy Attorney |
Q: my husband and i will soon by filling bankruptcy. my question is slightly long. we met with our ...
A: It is unusual that they file lawsuits that quickly. I can't promise you anything one way or ...
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| Judgements that wheren't included in ch.7 | 8/14/2008 | Terry Leeders |
Q: We had filed chapter 7 and several judgements where not included before the discharge. All of these ...
A: If the case is open, you can just amend the schedules to add the debt, and send notice to them. If ...
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| Chapter 7 | 8/14/2008 | Terry Leeders |
Q: My husband and I will be filing chapter 7 bankrupcty in about a month. He has a CD that is in his ...
A: yes, he has 1/2 interest in the CD. Your state has exemptions to protect these type of assets, in ...
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| Chapt 13 | 8/13/2008 | Terry Leeders |
Q: A few months ago I paid an attorney 1600.00 to file a Chapter 13. I listed all my debts and also ...
A: You are only barred for 180 days if the court orders such, or if you voluntarily dismiss the case ...
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| bankruptcy | 8/13/2008 | Mark J. Markus- Bankruptcy Attorney |
Q: If a chapter 7 bankruptcy is not discharged,can a lien be placed on a home that is "in trust" for ...
A: That depends on the laws of whatever state created the trust and in which title is held on the ...
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| 2nd part | 8/13/2008 | Mark J. Markus- Bankruptcy Attorney |
Q: My mothers elderly mom lived with her and now moved with her other daughter in Ohio,she had a money ...
A: No, if your mother files a bankruptcy case, the automatic stay will prevent any lawsuits from ...
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| Refiling Chapter 13 | 8/12/2008 | Terry Leeders |
Q: I need to refile do to some changes in my income. It's in the process of getting dismissed. I own ...
A: You will have to pay the lien on the boat to the bank. You can include that in your next case. You ...
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| chapter7 | 8/11/2008 | Leon D. Bayer, Esq. |
Q: our 20 year old daughter receives ssi it is used solely for her own expenses (car ins, gas, clothes ...
A: I doubt that someone in this situation would count it as part of household income - unless you are ...
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| old debts | 8/10/2008 | Mark J. Markus- Bankruptcy Attorney |
Q: can i claim bankruptcy for 10 year old jugement and only for this;my credit is very good now and i ...
A: I'm not sure I completely understand your question, but if you file a bankruptcy case, you must list ...
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| ch 7 - real estate mortgage | 8/9/2008 | Terry Leeders |
Q: I want to go thru Ch. 7, alone i.e. without my wife. Our assets our separated -- we live in a condo ...
A: A short answer is that the court can object or else you may not otherwise pass the means test as ...
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| bankruptcy discharge | 8/8/2008 | Terry Leeders |
Q: I owned a business and was forced to close due to the economy. My husband and I filed chapter 7 and ...
A: The company cannot collect from you personally if they were listed in the case, give them a copy of ...
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| chapter 7 | 8/7/2008 | Terry Leeders |
Q: I have 5 vehicles, 4 are projects or have seized motors in them. I lost my decent paying job, and in ...
A: Yes, they are assets, but the value is pretty low if they are not working. You wouldn't want to ...
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| sba loan and bk | 8/6/2008 | Leon D. Bayer, Esq. |
Q: I would like to know if I will be able to keep my home. Sba has lein I filed a CH.7. They are the ...
A: Chapter 7 does not give a person the ability to remove voluntary liens and mortgages from their ...
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| Is a so-signer affected on a motorcycle? | 8/6/2008 | Mark J. Markus- Bankruptcy Attorney |
Q: I'm considering chapter 7 and I'm worried that a motorcycle I bought last year with a co-signer will ...
A: The co-signer is obligated on the debt regardless of whether or not you file bankruptcy. If the ...
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| Ch 13 Bankrupcy and Judgement lien | 8/6/2008 | Terry Leeders |
Q: My husband filed a CH 13 BK on 8/2/2005 in Maryland. There were 3 Judgements placed against him ...
A: unless the debt was paid 100% in the bankruptcy case and the case is completed, the judgment lien ...
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| Sba loan | 8/6/2008 | Mark J. Markus- Bankruptcy Attorney |
Q: I am a CA resident with a Idaho S corp that has no debts except a SBA loan personally guaranteed by ...
A: You can discharge the debt you personally guaranteed by filing a personal bankruptcy. The ...
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| Chapter 13 to Chapter 7 | 8/6/2008 | Terry Leeders |
Q: My payments in a 13 were set @ 100% due to the equity in my home that was subject to divorce ...
A: All of these issues would be disclosed in the chapter 7 case, and any equity the court could go ...
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| bankruptcy discharged | 8/5/2008 | Mark J. Markus- Bankruptcy Attorney |
Q: my bankruptcy in michigan was discharged in June 2008. Our creditor meeting was in April 2008. We ...
A: I don't have enough facts to answer that question. Was this business a dba of yours, or was it a ...
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