You are here:
- Home
- Business
- Corporate Law
- Bankruptcy Law
Bankruptcy Law/Questions Answered by Expert Bankruptcy Services
| Subject | Date Asked |
| BANKRUPTCY FILING-Two Steps | 5/20/2012 |
| Q: RE: BANKRUPTCY FILING-Two Steps Dear Bankruptcy Services: We, my wife and I, are considering ... A: Makoto: It appears that you may not have a full and correct understanding of how the community ... | |
| Surrender of house | 5/16/2012 |
| Q: My wife and I surrendered our house in December 2009 and we were granted the bankruptcy. Question is ... A: This is an interesting question that puts a new twist on this national mortgage mess that has ... | |
| BANKRUPTCY FILING | 4/29/2012 |
| Q: We live in Marin County, California, considering filing a bankruptcy. I have taken on line Chapter ... A: I understand that in chapter 13, a second loan secured to the home can be reduced in the repayment ... | |
| chapter 13 | 4/28/2012 |
| Q: My wife and I retained a bankruptcy attorney in 2006 to help get relief from our debt. Over three ... A: Unfortunate that your attorney was not more diligent in handling your bankruptcy. Generally ... | |
| Chapter 7 | 4/12/2012 |
| Q: I am in California. I had my rental property debt discharged in Chap 7 this year. I am keeping the ... A: After reading your question, I am still not completely clear on the facts of what happened, but it ... | |
| Does someone with judgement have to tell business partner before they create LLC? | 3/23/2012 |
| Q: This can't be that rare - but can't find answer anywhere. Does a person who just received a ... A: The short answer to your question is that this sounds like there was a fiduciary relationship ... | |
| Chapter 13 claims and a judgment | 3/16/2012 |
| Q: I have a judgement from a major credit card company that was issued 1 day before filing Chapter 13. ... A: Why would they want to dismiss a lawsuit when they had already received a judgment against you? I ... | |
| Chapter 13 claims and a judgment | 3/16/2012 |
| Q: I have a judgement from a major credit card company that was issued 1 day before filing Chapter 13. ... A: I can help you but you don't state enough information for me to understand exactly what is going on ... | |
| (AZ) CHP 7 MTG & HOA | 3/8/2012 |
| Q: I was struggling to pay the mortgage while falling behind with the HOA. The HOA got a judgment lien ... A: There is more to it than what you were told. Just because you receive a bk discharge, it doesn't ... | |
| (AZ) CHP 7 MTG & HOA | 3/6/2012 |
| Q: I was struggling to pay the mortgage while falling behind with the HOA. The HOA got a judgment lien ... A: There is no way that any attorney can answer your question without knowing more specific facts. ... | |
| Chaper 11 small business bk | 2/26/2012 |
| Q: we're the sole members in the LLC that actually owns the restaurant, and we need to file a personal ... A: An LLC or a corporation is not eligible for Chapter 13 protection irrespective of the dollar ... | |
| Reaffirmation not provided to me | 2/18/2012 |
| Q: In California. I recently got a Chap 7 discharge, where I stated my intention of reaffirming my ... A: Although often times a creditor will send a reaffirmation agreement for the debtor to sign, there is ... | |
| Repossession after bankruptcy discharge | 2/17/2012 |
| Q: I live in southeast Iowa and need advise on how to get my auto refinanced since the bank wants to ... A: Under these conditions, since you are so far behind on your payments, I really doubt that the bank ... | |
| closed | 1/31/2012 |
| Q: I am a creditor, and the debtor had the courts "close" the case to avoid the Trustee's fees(under a ... A: Again, there is no way to answer your question without more information. If you call me we can ... | |
| closed | 1/29/2012 |
| Q: I am a creditor, and the debtor had the courts "close" the case to avoid the Trustee's fees(under a ... A: Are you absolutely sure that the adversary actions were closed in addition to the underlying ... | |
| creditor | 1/27/2012 |
| Q: A non-profit filed for bankruptcy. I am a creditor. They have committed gross fraud. Being that it ... A: Unfortunately, you do not state enough facts about your situation in order for me or anyone else to ... | |
| Bankruptcy - After Discharge | 1/21/2012 |
| Q: My bankruptcy has been discharged, but I have a few questions. Unfortunately my attorney has not ... A: It's ok. You can call me this weekend if you want - and my name is Jack Hall. You state, "I just ... | |
| Bankruptcy - After Discharge | 1/19/2012 |
| Q: My bankruptcy has been discharged, but I have a few questions. Unfortunately my attorney has not ... A: Unless the court tells him otherwise, he is not going to release the vehicle until you pay him - and ... | |
| Bankruptcy - After Discharge | 1/19/2012 |
| Q: My bankruptcy has been discharged, but I have a few questions. Unfortunately my attorney has not ... A: My bankruptcy has been discharged, but I have a few questions. Unfortunately my attorney has not ... | |
| property taxes | 1/17/2012 |
| Q: I live in Idaho, but I used to live in California in Ventura County. I helped my aunt get her house ... A: I am not Norma, but you asked this question on the question pool so I am making a response. ... | |
| ch7 | 1/12/2012 |
| Q: My wife filed ch7 and she was discharged in KY, we had 2 cars (me & her on the contract) from a ... A: Have you sent a letter to the three credit bureaus with a copy of the papers showing it was paid ... | |
| ch7 | 1/12/2012 |
| Q: My wife filed ch7 and she was discharged here in KY, we had 2 cars (me & her on the contract) from a ... A: There are a couple of ways to handle this, but what you can do or not do in this situation depends ... | |
| Bankruptcy | 1/9/2012 |
| Q: In 2009 my wife and I had a bankruptcy discharged in the New Jersey courts. At the time of the ... A: There is no way that even Johnnie Cochrane (if he were alive) or Perry Mason (if he were real) could ... | |
| Bankruptcy for illegal aliens | 12/16/2011 |
| Q: I have $19K in credit card debt, unfortunately working part time only. Have a valid social ... A: Insofar as the bankruptcy is concerned, your immigration status is not going to make much ... | |
| Living Trust in South Carolina | 12/7/2011 |
| Q: My two brothers and I are beneficiaries to my parents living trust in South Carolina. I am ... A: There is no way that anyone can answer your question based solely on what you state in your ... | |
| Right of ownership regarding Chapter 7 | 12/4/2011 |
| Q: Brian, If I get a loan for a car from a bank then I file for bankruptcy before the loan is paid ... A: If I get a loan for a car from a bank then I file for bankruptcy before the loan is paid off, the ... | |
| Iowa Chapter 7 Bankruptcy - Creditor cashing check | 11/21/2011 |
| Q: Mark Thank you for being there to help. I filed bankruptcy May 5th, 2011, the creditor's ... A: As you said, the bankruptcy discharged the remaining balance that was owed - However, that does ... | |
| ch. 7 bk | 11/7/2011 |
| Q: In 2008 I filed for ch. 7 BK & it was Fully charged off./ discharged in June 08.. All vehicles & ... A: You can do better than just file a defense of limitations, whatever that may be. In this case, you ... | |
| Selling Home after Chapter 7 discharge. | 10/27/2011 |
| Q: I filed for chapter 7 bankruptcy in Texas and it was discharged in January of 2009. After the ... A: Without actually seeing the filings, anyone that answers your question should be hesitant to say ... | |
| BK in NY | 10/25/2011 |
| Q: In a ch7 BK in a non community property state, are you asked to disclose your spouses sole accounts ... A: In a ch7 BK in a non community property state, are you asked to disclose your spouses sole accounts ... | |
| NY BK | 10/25/2011 |
| Q: In a ch7 BK in a non community property state, are you asked to disclose your spouses sole accounts ... A: In a ch7 BK in a non community property state, are you asked to disclose your spouses sole accounts ... | |
| bankruptcy, renter, landlord | 10/1/2011 |
| Q: the renter is behind on the rent by est $ 2,500.00. the landlord said it's not my problem, you ... A: The short answer to your question is yes, in most cases, but it depends on some facts you don't ... | |
| I filed a Notice of Appeal | 9/4/2011 |
| Q: If I filed a Notice of Appeal what happens to the hearings, trials, etc. that are scheduled before ... A: In most circumstances, the mere filing of an appeal will not stop the pending hearings, but there is ... | |
| Need some good advice | 8/20/2011 |
| Q: I live in Ohio and am one of many U.S. homeowners who now find themselves owing more on their ... A: From what you say, it sounds like bankruptcy is probably the best option in terms of being able to ... | |
| Vehicle Purchases | 8/18/2011 |
| Q: My ex-girlfriend and I separated in May of 2011, I had purchased a Peterbilt tractor and A Kawasaki ... A: I don't think that there is anyone that can answer your question without mnowing more specific ... | |
| Home foreclosure | 7/28/2011 |
| Q: My husband and I bought our house in September of 2008 for $64,000. By April 2009, I was laid off ... A: You do have some options here if you act fairly quickly, and the picture is not near as bad as you ... | |
| bankruptcy and tax refund | 7/20/2011 |
| Q: I had an SBA guaranteed loan that just got discharged in a chapter 7. I know that the US Treasury ... A: I don't think that the bankruptcy is an issue at this point (insofar as your losing your tax refund ... | |
| Bankruptcy in Michigan One Spouse | 7/19/2011 |
| Q: We live in Michigan. My husband has a house in foreclosure and I am not on the loan. He has a few ... A: By the book, if he lives with you and if he is making a significant amount of income, that will be ... | |
| House is already in bankrupcy and spouse wants house in divorce but the loan is in my name | 7/9/2011 |
| Q: Iam heading for the divorce court and the spouse wants the house. The house is in a chapter 13 with ... A: There is still no way that anyone could answer your question about what your options would be in the ... | |
| House is already in bankrupcy and spouse wants house in divorce but the loan is in my name | 7/8/2011 |
| Q: Iam heading for the divorce court and the spouse wants the house. The house is in a chapter 13 with ... A: To a certain extent the answer to your questions depends on some facts you don't state in your ... | |
| 2nd Mortgage is in Recovery | 7/5/2011 |
| Q: I have a 1st mortgage with a local bank that is current and a second mortgage that is with ... A: However, your answer still does not have enough information to be able to say what you can do in ... | |
| 2nd Mortgage is in Recovery | 7/5/2011 |
| Q: I have a 1st mortgage with a local bank that is current and a second mortgage that is with ... A: Not necessarily. Whether they will remove the lien or not depends on facts that you don't state in ... | |
| motion for sanction | 6/23/2011 |
| Q: I was in a car accident in 2009 and was injured my truck has been undrivable and i went through ... A: Paul, to answer your question it would be important to find out some more facts that you don't state ... | |
| Not Reaffirming Auto | 6/22/2011 |
| Q: I have had my creditors meeting and am trying to make a final decision on whether to reaffirm my ... A: But he also sees the flipside to reaffirming to work with credit rating and because you don't know ... | |
| Vehicle w/Secured Loan Abandoned by Creditors | 6/10/2011 |
| Q: We included our car loan in the list of debts, because the loan exceeded $2000 more than the ... A: Jenelle, your assumptions are not accurate. Under these circumstances, you are not going to be ... | |
| who owns my home after ch 7 discharged and no reaffirmation signed? | 6/6/2011 |
| Q: who owns my home after ch. 7 discharge? no reaffirmation agreement with bank was ever signed, i am ... A: No. Insofar as secured debt is concerned (like mortgages, HELOCS, or security interests on ... | |
| california wells fargo refi foreclosure | 5/31/2011 |
| Q: We have moved out of state and still own a condo in California. The loan is held by Wells Fargo. ... A: Our concerns are whether Wells will come after us for a deficiency judgement, and whether we will ... | |
| Chapter 7 - Personal items sold listed as income? | 5/24/2011 |
| Q: I am filing chapter 7 and calculating my six month average income. Over the course of the six ... A: Not to worry so much about the means test. Chances are that the numbers you are dealing with, ... | |
| foreclosure auction notice | 5/22/2011 |
| Q: I have an SBA guaranteed mortgage that I acquired in 2007 for $150,000 to purchase a commercial ... A: They have an obligation to let you know what the auction date is, but unfortunately, it is just like ... | |
| Purchasing a business while waiting to be discharged | 5/21/2011 |
| Q: Can I purchase business with the loan from a family member while I waiting for the discharged on ... A: There is an official and an unofficial answer to your question. If you do it by the book, you will ... | |
| Bankruptcy / Foster Care | 5/20/2011 |
| Q: I go for foster care training in 2 weeks and will become certified sometime in July. But I am afraid ... A: If they are presently attempting to garnish your wages or obtain a judgment against you so that they ... | |
| Divorcing husband with prior bankruptcy to our marriage | 5/18/2011 |
| Q: I recently got married to a man who was in bankruptcy with his former wife. I now want to divorce ... A: The reason I wanted to talk to you on the phone was so I could get more specific information and ... | |
| Divorcing husband with prior bankruptcy to our marriage | 5/18/2011 |
| Q: I recently got married to a man who was in bankruptcy with his former wife. I now want to divorce ... A: Ann: What you can do will depend on the status of the case. If indeed a motion for relief from ... | |
| Bankruptcy and Breaking a Lease | 5/13/2011 |
| Q: I recently had to break a lease to move back to an area where I will be able to get a job. There ... A: I recently had to break a lease to move back to an area where I will be able to get a job. There ... | |
| Chapter 13 | 5/3/2011 |
| Q: I filed chapter 13 bankruptcy without my husband so it is under my name we need to by a car under my ... A: Whether you can do it or not depends on whether you can get credit - but that would not necessarily ... | |
| lien on property owned by 2 | 4/28/2011 |
| Q: I took a loan from a bank that went into default and I am not able to pay it. After the loan my wife ... A: Can I file for Bankruptcy at this time? Probably, but the answer to that depends on some facts ... | |
| Student loans | 4/18/2011 |
| Q: On October 2nd 2005 I filed bankruptcy, in this bankruptcy was a student loan from US Bank that ... A: You are correct. The law changed significantly a few days after you filed for bankruptcy protection ... | |
| bankruptcy | 4/13/2011 |
| Q: Last year I filed for ch. 7 and was discharged. I released two properties. For tax purposes I ... A: This is just a mistake in their paperwork. Although in some bases when a loan or other debt is ... | |
| Mortgage company reporting after Ch. 7 | 4/13/2011 |
| Q: I filed Chapter 7 in Denver, Colorado in February of 2008, discharged in June, 2008. I included what ... A: Credit reporting as a whole is terribly inaccurate, and especially so with respect to bankruptcy ... | |
| Chapter 7 | 4/11/2011 |
| Q: I hope you can direct me in the right direction. We are the creditors in a chapter 7 ... A: What you can do here depends on the status of the bankruptcy. If you call me on the phone, I can ... | |
| Bankruptcy 3 years ago | 4/9/2011 |
| Q: We filed bankruptcy 3 years ago and have been struggling with the mortgage company to take over the ... A: The reason they are claiming they never received the bankruptcy notice is because if they admitted ... | |
| Mortgage Credit Reporting After Ch7 | 4/6/2011 |
| Q: My wife and I live in TN. We filed a chapter 7 in 2005, and it was discharged in Jan 2006. Our ... A: This is an area of bankruptcy law that many lawyers who do some, but not a lot of work in ... | |
| Sbarro bankruptcy! Chapter 11 | 4/5/2011 |
| Q: I work for the recently chapter 11 corporation Sbarro. I do understand that chapter 11 can be a ... A: Mike - There is no way that anyone could answer your questions without a crystal ball to predict ... | |
| Chapter 7 bankruptcy | 3/31/2011 |
| Q: I am married and living with my wife. I am filling a Chapter 7 in Virginia Individually. I don't ... A: From what you say in your question, I am not sure if you understand how the means test works. If ... | |
| do i have to qualify | 3/30/2011 |
| Q: I will try to be brief and simple, if there is any word of advice or idea, it will be greatly ... A: I saw your question in the pool and it didn't look like you had been helped by anyone so I decided ... | |
| chapter 7 adversary proceedings | 3/30/2011 |
| Q: My husband and I filed chapter 7 bankruptcy due to liens on our home. Our attorney did not feel ... A: JD: Sorry to hear you are having so much trouble with what might be a fairly straightforward ... | |
| Chapter 7 Bankruptcy | 3/27/2011 |
| Q: When filing Chapter 7 Bankruptcy and a person wants to keep a vehicle that doesn't run, but they own ... A: From your question I am not sure if you understand the bankruptcy exemption process. The general ... | |
| ch 13 | 3/26/2011 |
| Q: My husband and I filed 13 in 2009, he has been sick and had to switch to a less physical job, our ... A: There is no way that anyone can answer your question about reducing the payments on your plan ... | |
| Bankruptcy - Attorney or Not? | 3/24/2011 |
| Q: First I would like to say thank you for volunteering your time to this site. With the economy, ... A: First, we need to make sure that you are eligible to file for bankruptcy - You probably are but to ... | |
| to be allowed a refund from irs. | 3/24/2011 |
| Q: iam under chapter 13 bankruptcy,completing two out of the three years.the trustee intercepted the ... A: This is definitely the kind of question that it would be better to answer it on the telephone. ... | |
| a person who's been stealing money from bank acc filed bankruptcy | 3/22/2011 |
| Q: I hava a friend who's son's ex-girlfriend stoled around 5k from her, directly from her account. ... A: First, threatening to file for bankruptcy and actually doing it are two different things. Your ... | |
| Bankruptcy Chapter 7 & Home Equity | 3/16/2011 |
| Q: My husband and I filed bankruptcy in 2009. Last year we had some financial difficulty and fell ... A: The word you are talking about is discharged, not written off. All that a charge off means is that ... | |
| surrender after bankruptcy | 3/14/2011 |
| Q: "I Live in Virginia,and in 2004 I filed ch.7 and was discharged of all debt.I own a mobile home and ... A: Since they didn't get you sign a reaffirmation, they can't now come back on you if the property is ... | |
| repossesion after bankruptcy | 3/14/2011 |
| Q: I Live in Virginia,and in 2004 I filed ch.7 and was discharged of all debt.I own a mobile home and ... A: I think I answered this one already. IF they repossess or if you turn it in, they can't get you ... | |
| Current Ch 13 and a New Judgement | 3/14/2011 |
| Q: I have been in an active Chapter 13 for close to 3 years in NY. I have a certain amount taken out of ... A: There is no quick answer to your question. Since it has been so long, you may be able to win in ... | |
| reaffirmation never happened | 3/12/2011 |
| Q: we had a chapter 7 bankruptcy around 2005, they tell me that a reaffirmation never made it to the ... A: Lisa: It appears that your understanding of how a reaffirmation works is mistaken, and as a result, ... | |
| bankruptcy chapter 13 | 3/10/2011 |
| Q: I just completed my chapter 13 bankruptcy plan and received a letter from the bankruptcy court ... A: If you change their addresses at this point, you will have to pay a fee of $26 to amend your matrix. ... | |
| HOA Dues | 3/4/2011 |
| Q: I filed Chapt 13 in 2004 and discharged in 2007. My HOA made claims against the bankruptcy for past ... A: If they failed to file a claim and you had your plan approved and successfully completed it, they ... | |
| foster care | 3/4/2011 |
| Q: I am going thur the process of filing for foster care License. Can I file Bankrupty in Nevada and ... A: You know, Phyllis, this is the kind of question that you might get better results by coming from the ... | |
| mortgage sold to another service provider | 3/3/2011 |
| Q: I filed and was granted a discharge of Chapter 7 in the State of Florida in 2002. In my statement of ... A: What I meant was that a statement of intention is only a notice document to the creditor as to what ... | |
| CH. 11 BK | 3/2/2011 |
| Q: Person withdrew their adversary claim. Do you understand that that would mean in a BK CH.11 case? ... A: There is no way that anyone can answer your question without knowing more. Withdrawing an adversary ... | |
| mortgage sold to another service provider | 3/2/2011 |
| Q: I filed and was granted a discharge of Chapter 7 in the State of Florida in 2002. In my statement of ... A: Giving them your statement of intention will not do any good at this point. However, there are ... | |
| Question about bankruptcy trustee fees | 2/24/2011 |
| Q: We live in WA state. We made an offer on a short sale home which was also in chapter 7 bankruptcy. ... A: You are right. This is not all that complicated - but there is another factor involved here, and it ... | |
| bankruptcy | 2/24/2011 |
| Q: my friend opened up 3 credit cards per her husband's request. now they are getting divorced. He is ... A: Your understanding of the law is only partially correct. This would be much easier to talk about ... | |
| phone call or letter | 2/19/2011 |
| Q: A few days ago my husband and I realized we couldn't keep our head above water any longer. We looked ... A: To make it easier for you I will copy your questions and then answer each part as you bring theA few ... | |
| chapter 7 | 1/29/2011 |
| Q: My husband and I filed for chapter 7 almost seven years ago. We included a manufactured home we had ... A: I can answer your question about the lien if I can see exactly what happened in the bankruptcy. I ... | |
| 2nd Lien avoided in Chapter 13 | 1/28/2011 |
| Q: We have a 2nd lien on a borrower that has filed Chapter 13. We received a "Debtor's Motion to Avoid ... A: Under these circumstances, your best bet is probably to contest the valuation so that the second is ... | |
| bankruptcy | 1/24/2011 |
| Q: About a year ago I filed for bankruptcy ch. 7 and released a rental row house in Baltimore, md. The ... A: Not to worry so much. I have seen this happen before. You are not going to have to pay taxes ... | |
| Summons from creditor | 1/24/2011 |
| Q: What is the likely result if a creditor takes me to court for credit card payment but I can’t pay? I ... A: The Court (on the credit card lawsuits) is not going to be concerned one bit about your expenses or ... | |
| V A Disability Compensation | 1/14/2011 |
| Q: I am 100% Service Connected Disabled and receive compensation for these wounds in excess of ... A: It depends on what for what purpose you are asking. Income for what purpose? You left out some ... | |
| Clear Title after Chapter 7 BK non homestead property | 1/14/2011 |
| Q: I have been divorced for over 3 yrs. My ex has a loan on her homestead property which we bought ... A: Why are the judgements not released by the discharge. Because the bankruptcy discharge released ... | |
| Chapter 13 | 1/13/2011 |
| Q: If one is successful with their adversarial claim against a secured creditor and the outcome is that ... A: The general rule is that since the bankruptcy would still be open, the debtor would not have ... | |
| Home Medical Equipment | 1/11/2011 |
| Q: I work for a small home medical equipment store. We have a patient who has filed Chapter 11 ... A: Insofar as the security issue is concerned, the restrictions you describe apparently have to do with ... | |
| defense expense after discharge | 1/9/2011 |
| Q: I have a creditor that was omitted from a Chapter 7 no asset BK. According to everything I have read ... A: Not to worry so much Jim. You can resolve this in your favor very easily without having to spend as ... | |
| Adversary complaint | 1/2/2011 |
| Q: What is the difference between adversary complaint and adversary proceeding ? A LLC Debtor ... A: What is the difference between adversary complaint and adversary proceeding ? Same thing. Your ... | |
| getting out of chapter 13 | 12/21/2010 |
| Q: I am most likely going to be laid off from my job. I live in Georgia and filed chapter 13 in ... A: What i going to happen depends on your specific situation, the provisions in your plan, etc. No ... | |
| Chapter 13 Bankruptcy | 12/6/2010 |
| Q: Are Chapter 13 monies paid to the trustee tax deductible? A: I am far from being a tax expert - but I would be very surprised if they were. However, there is a ... | |
| Domestic Partners with General Partnership Business filing in CA | 12/4/2010 |
| Q: Need to find additional information on filing Ch7 in California. We are registered Domestic Partners ... A: Call me. I do bk's in California all the time and have encountered the same issues that you are ... | |
| Filing Chpt 13 as Power of Attorney: | 11/18/2010 |
| Q: I was told by a NJ attorney that I was not able to file Chapter 13 on behalf of my disabled mother. ... A: I believe that the attorney you spoke with may be mistaken, depending on the condition of your ... | |
| Chapter 7 Bankruptsy | 11/10/2010 |
| Q: I am filing chapter 7, but I don't have cofidence in my choice of law firms. I have a financed truck ... A: You may be able to do better than what he is suggesting. What I mean by that is that you just may ... | |
| Car Title after bankrupty | 11/9/2010 |
| Q: In January 2002 my Chapter 7 bankruptcy was completed. My car was part of the bankruptcy but I was ... A: I can explain in more detail on the phone if you call me. To answer this question and see if it i ... | |
| Chapter 13 and Payment Plan | 11/7/2010 |
| Q: My attorney had advised me to go into bankcrupt. I owe about 70,000 tax debt that is over 3 years ... A: Depending on some facts that you don't state in your question, it may be possible for you to file a ... | |
| Contract valid still enforcable? | 11/6/2010 |
| Q: You retain an attorney. You sign an hourly contract that also lists copy fees, paralegal, extra ... A: Lawyers that charge for copy costs are just cheap. Consider it a blessing that you got rid of this ... | |
| losing your home | 11/6/2010 |
| Q: someone i know is in chapter 13 bankruptcy. She has fallen behind on a few payments. the trustee ... A: If they dismiss the case, the creditor will then be free to foreclose and she could lose her house. ... | |
| Mortgage Balloon Loan | 11/1/2010 |
| Q: Can you file bankruptcy on a balloon and still possibly keep your home? A: The short answer is yes. In fact, people almost always get to keep everything they have even if ... | |
| After Am. Exp. | 10/31/2010 |
| Q: Since Am. Exp was the only creditor and he is paid off (assuming I do NOT file a motion to vacate or ... A: After reviewing your case record, I got to thinking about something and it might be better if you ... | |
| After Am. Exp. | 10/31/2010 |
| Q: Since Am. Exp was the only creditor and he is paid off (assuming I do NOT file a motion to vacate or ... A: I have looked at the docket sheet in your case and the motion to vacate and the court minute order ... | |
| Mortgage Reaffirmation | 10/30/2010 |
| Q: My husband and I filed for bankruptcy this summer. We decided to keep our house and turned in the ... A: This presents an interesting situation where the judge would not allow you to reaffirm. That is ... | |
| bankruptcy & out of state lottery winnings | 10/29/2010 |
| Q: I filed chapter 7 in NY back in 2006. Today I bought a scratch off in PA and won $10,000.00. Will I ... A: Congratulations! I have been playing the Lotto for years and NEVER win. I guess I should be ... | |
| sent to collections | 10/28/2010 |
| Q: Right now i am in chapter 13 still have 3 years left. We owed a doctor 700.00 and that was put in ... A: Call me. If they were notified of the bankruptcy and they did not file a claim, then they are in ... | |
| After Am. Exp. | 10/28/2010 |
| Q: Since Am. Exp was the only creditor and he is paid off (assuming I do NOT file a motion to vacate or ... A: Mary, your frustration is understandable given the circumstances you describe, and there is some ... | |
| Credit Union Refusal | 10/27/2010 |
| Q: We recently filed Chapter 7 Bankruptcy, but reaffirmed our Auto Loan with our Credit Union, they ... A: If your bankruptcy is still pending, you don't have to put up with this arbitrary refusal to furnish ... | |
| Social Security overpayment and bankruptcy | 10/26/2010 |
| Q: I have filed Chap. 7 and had a meeting of creditors and waiting for a discharge. On of my creditors ... A: Unfortunately, it is impossible for me or anyone else to tell you if the overpayment would be ... | |
| Motion to Dismiss | 10/24/2010 |
| Q: We received a Motion to Dismiss our chapter 13 filing. We are 7 months into our plan and have been ... A: The short answer to your question is yes, but this sounds like there is perhaps something else going ... | |
| bankruptcy | 10/23/2010 |
| Q: I own a house appraised at 105 and I owe 71,000. can I file bankrupt. I have around 25,000 debt. ... A: Although sometimes a trustee will object if you try to voluntarily dismiss a chapter 7 if he thinks ... | |
| short sale after ch 7 bankruptcy | 10/22/2010 |
| Q: We filed ch 7 in Ca. it was discharged Dec of 08. We surrendered our house. We are still living in ... A: Did you do a reaffirmation during the bankruptcy? Too many questions and undisclosed facts to ... | |
| bankruptcy | 10/21/2010 |
| Q: I own a house appraised at 105 and I owe 71,000. can I file bankrupt. I have around 25,000 debt. ... A: When we talked on the telephone, that was what we were talking about when we were talking about ... | |
| bankruptcy | 10/21/2010 |
| Q: I own a house appraised at 105 and I owe 71,000. can I file bankrupt. I have around 25,000 debt. ... A: Not to worry so much. It is very likely that this will go smoothly - and even if there is a problem ... | |
| bankruptcy | 10/21/2010 |
| Q: I own a house appraised at 105 and I owe 71,000. can I file bankrupt. I have around 25,000 debt. A: Bonita - I believe that we already talked yesterday afternoon when you called me. As we discussed, ... | |
| Chapter 7 Bankruptcy and home sale | 10/16/2010 |
| Q: I had a Chapter 7 bankruptcy in June, my lawyer told me with giving up the car they could not come ... A: I am not sure what you are asking me here - or better put, I am not sure what your situation is from ... | |
| Attorney Lien/Chapter 7 BK | 10/16/2010 |
| Q: My husband went thru a lengthy divorce from ex in CA. She gave her attorney a Family Law Attorney's ... A: Nothing to apologize for. Your question contained more pertinent facts than most people include. ... | |
| Auto Insurance Claim Check, do I get to Use it? | 10/15/2010 |
| Q: My vehicle was severely damaged in a major hail storm, as was everybody else's in my area. I ... A: This is a situation that could become difficult if you have a difficult trustee. If this was a ... | |
| Removing someone from title issue? | 10/11/2010 |
| Q: First off, thank you in advance for you time. I live in California. I put a friend on title of my ... A: Your friend will be ok. You are correct - but the only problem is that with a short sale you are ... | |
| chapter 7 | 10/3/2010 |
| Q: I filed for bankruptcy on 9/5/00 and it got discharged on 12/21/00. I need to file again and I ... A: The rule is 8 years not 10 years (for a chapter 7) and it is from the date of discharge. A chapter ... | |
| hardship chapter 7 | 9/23/2010 |
| Q: I have a few months before I can file a chapter 7. I am not trying to dodge or hide anything. the ... A: Your pending disability claim will not necessarily affect whether you can file for bankruptcy now or ... | |
| bankruptcy | 9/20/2010 |
| Q: Should I file for bankruptcy before I get married? Or can I file after as myself and leave her ... A: There is no way that anyone can answer that question for you without knowing more specific facts. ... | |
| Bankruptcy chapter 11/foreclosure/Misguidance | 9/16/2010 |
| Q: I am a small business owner in the state of Georgia. I have been operating this business for over 4 ... A: My question is - 1. Can this creditor lawfully suddenly change their decision after agreeing to a ... | |
| KEEP THE CAR? | 9/11/2010 |
| Q: ..I guess with Chapter 7, you can NOT bankrupt a car.. but if you gave the car BACK to the car ... A: How it would work would depend on several factors, including but not limited to what state you lived ... | |
| equity line of credit | 9/10/2010 |
| Q: My husband went to the credit unioun to make payment, he was met by the man who was at our chaptyer ... A: I am not sure what you are asking in your question but I would still be glad to help you. You are ... | |
| CA | 9/9/2010 |
| Q: I had a BK in 2002 September, Chapter 7. Now I am divorced and want to BK again but someone told me ... A: Angie: Whoever you have talked to simply doesn't know, You can file for Chapter 7 bankruptcy ... | |
| capital gains | 9/3/2010 |
| Q: I have a rental that I owe 4194k on with a capital gains tax base of $90k. If I short sale the house ... A: There would be two different results (insofar as taxes are concerned) if you short sale the property ... | |
| bankruptcy and short sale | 8/22/2010 |
| Q: We are in the process of buying a house. The seller is in default on the home and has filed for ... A: Depending on the exact factual circumstances that you do not fully state in your question, what they ... | |
| Chapter 7 discharge and unforclosed property | 8/20/2010 |
| Q: I filed Chapter 7 in 2009 and my debts, including my mortgage on a condo I own in California, were ... A: Your going along with a short sale under these circumstances is not a good idea at all - although ... | |
Bankruptcy Law
Answers by Expert:
Bankruptcy Services
Top Expert on this page
Expertise
Can answer questions about bankruptcy, lawsuits or judgments that have been filed against you. Also can answer questions about tax issues, property that is facing foreclosure, repossession of vehicles, and wage garnishments. 915 261-3893
Experience
Over 30 years experience assisting consumers with lawsuits and bankruptcy matters since graduating from law school.
Publications
Numerous published appellate court opinions; Law review publications; Article on consumer bankruptcy in Black Enterprise magazine; was requested to author a book on consumer bankruptcy by Doubleday Publishers
Education/Credentials
Over twenty years of education including law degree (J.D.); masters and bachelors degrees in political science; author of magazine articles related to consumer bankruptcy; hundreds of hours of continuing education legal education and seminars
Past/Present Clients
Have had well over a thousand bankruptcy clients during the past 30 years and have had many clients in civil lawsuits during the same time period
©2012 About.com, a part of The New York Times Company. All rights reserved.