| Subject | Date Asked |
|
| Filing chapter 7 late on mortgage and car note | 10/30/2009 |
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 ...
|
| 401K loan prebankruptcy | 10/23/2009 |
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 ...
|
| bankruptcy | 10/18/2009 |
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 ...
|
| Bankruptcy Option | 10/15/2009 |
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 ...
|
| Lender's Rights? | 10/15/2009 |
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 ...
|
| Bankrupcy and back taxes owed | 10/13/2009 |
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 ...
|
| reaffirming mortgage | 10/1/2009 |
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 ...
|
| tax debt in chapter 13 | 9/30/2009 |
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 ...
|
| Unsecured creditor | 9/24/2009 |
Q: Will I have any luck in getting anything from the debtor who owes me $50,000 who filed for Chapter ...
A: The trustee motion to dismiss means that the debtor hasn't been paying the trustee. If granted, you ...
|
| Ch 13 dismissal and my credit report | 9/23/2009 |
Q: I have had a Ch 13 dismissed due to non pay because I became unemployed. Now that I am back working ...
A: The fact that you filed the bankruptcy will stay on your credit report for 10 years, even if it was ...
|
| I signed reaffirmation agreement | 9/22/2009 |
Q: I went under bankruptcy process and i have been discharged already couple months ago.I singed ...
A: They can collect on the balance after they repossess it and sell it at auction. They can then sue to ...
|
| Chapter 13 | 9/15/2009 |
Q: My girlfriend filed Chap 13 within the past month. This consolidated her AES loan payment and we now ...
A: There is cosigner protection during the case. If AES refuses to stop after you give them the case ...
|
| Ex-wife files Chapter 13 in Ohio | 9/10/2009 |
Q: My ex-wife and I got a dissolution 2 months ago, in the decree she is fully responsible for her ...
A: Your name doesn't come off that debt, unless the lender is willing to do so. In the chapter 13, she ...
|
| Filing for bankruptcy..Confused! | 9/10/2009 |
Q: I'm very confused at the moment. I live in Florida with my fiance,we're getting married in October ...
A: You can file at any time, however, it is usually better to file before the foreclosure is complete, ...
|
| Consolidating While in Bankruptcy | 9/9/2009 |
Q: I'm in a Chapter 13 bankruptcy. My lawyer says I can consolidate my student loans and pay on them ...
A: The interest will accrue on the unpaid portion while in bankruptcy. It would be up to the lender to ...
|
| bankruptcy and lottery | 9/4/2009 |
Q: how long after winning a lottery can I claim bankruptcy? 6 months, year, 3 years.....If the money ...
A: You do not need to wait to file. If you have spent the proceeds, and have no assets remaining you ...
|
| Motion to avoid lien on a car | 9/2/2009 |
Q: Can you file a Motion to Avoid lien on a car in Chapter 7? How? When file before or after ...
A: If the lender is holding the title, you cannot avoid the lien, as it attaches to the value of the ...
|
| TAX RETURN AND BONUSES | 8/31/2009 |
Q: I'm getting ready to file chapter 13 in Virginia. I am getting a tax return back in the next couple ...
A: It will depend on your local jurisdiction, some require you to pay in tax returns, others don't. ...
|
| payments | 8/27/2009 |
Q: I am behind in my chapter 13 payments due to job loss and have taken a job that pays less. Is there ...
A: you need to catch up as soon as possible. If the trustee has a motion to dismiss, you need to cure ...
|
| Uninsured Auto Accident | 8/27/2009 |
Q: I saw you answer some similar questions about uninsured auto accidents and I just wanted to see if I ...
A: Absent a state law otherwise, once the bankruptcy is filed, the suspension will release because the ...
|
| Investment Property | 8/26/2009 |
Q: I own a 4 plex in CT with my previous boyfriend. The rents cover the cost of the home and the ...
A: chapter 13 is a debt repayment plan, whereby you can keep all of your assets. you will repay enough ...
|
| Chapter 7 | 8/24/2009 |
Q: Customer filed chapter 7 which happened to include a vehicle which are the lien holder. Customer ...
A: You can send a reaffirmation agreement to the client if they are current. The debt would survive, ...
|
| Chapter 13 debt limit problems | 8/22/2009 |
Q: Counselor, I am in the first stage of starting a Chapter 13 filing, my attorney is reviewing my ...
A: If you have more than $336,900 in unsecured debt, you are not eligible to be a debtor under chapter ...
|
| means test - housing and utilities expenses | 8/19/2009 |
Q: my county standard is $2260 for housing and utilities...how should this be broken down on the means ...
A: The amounts are set based on your area and family size by the IRS. You can request additional, but, ...
|
| Letting home go back to lender | 8/11/2009 |
Q: We filed in Sept 08 and this was discharged in Dec 08. We did not reaffirm our home. There are two ...
A: you can stay in the home until the foreclosure is complete, which can take upwards of 6-9 months in ...
|
| SSDI and Chapter 13 Bankruptcy | 8/9/2009 |
Q: I am in the middle of a Chapter 13 Bankruptcy. I am disabled and getting ready to apply for ...
A: Your confirmed plan stays the same, unless you petition the court to modify it based on the change ...
|
| Bankruptcy | 8/5/2009 |
Q: Why do you need 4 years of tax returns when you file? I was not having trouble 4 years ago, not even ...
A: The bankruptcy code requires it. While there is no language on why, I speculate it is just to ...
|
| tenant files bankruptcy | 8/4/2009 |
Q: my residential tentant did not pay july rent. using an eviction company, i served 3-day notice. ...
A: Contact a local bankruptcy attorney. There were changes put into the code that might allow you to ...
|
| Abandon House | 8/3/2009 |
Q: I would like to know if we stopped paying on our mortgage and abandon the house in Ohio, how can ...
A: The lender will foreclose, and that fact can stay on the report for 7 years. A bankruptcy would ...
|
| reaffirming house note while filing bankruptcy | 7/29/2009 |
Q: can a person reaffirm a house note when filing bankruptcy. can note be reaffirmed even though house ...
A: The lender usually will not allow you to reaffirm until you are current on the loan. The bankruptcy ...
|
| BK7 and 2nd mortgage | 7/29/2009 |
Q: I filed BK7 in 2006 - I reaffirmed my 1st mortgage and included the 2nd in the BK. The loan on the ...
A: Since you did not reaffirm the debt, technically, they cannot collect on the balance. They would ...
|
| Question on chp 7 BK | 7/27/2009 |
Q: we were recently discharged our debt back just two months ago, we had surrendered the the house in ...
A: If you surrendered and completed the chapter 7, they will be discharged. The lender will foreclose, ...
|
| Co-Signer filing Bankruptcy | 7/25/2009 |
Q: I'm in the state of Indiana. My sister cosigned on a loan for me with SallieMae about 2 years ago. I ...
A: Cosigners are not affected by bankruptcy. You are also responsible for the debt payment, so your ...
|
| Selling home after discharge of chapter 7 | 7/25/2009 |
Q: I have recently been contacted by an asset management firm wanting me to sell them our house we had ...
A: Depending on your state laws, the property is yours to sell (if you even want to) before the ...
|
| reafrrim car loan | 7/24/2009 |
Q: I sign and the lender sigen and file a reaffirm paper with the court. Now they sent me another set ...
A: If the reaffirmation agreement was filed with the court, you have the argument that the new terms ...
|
| Surrendering Home Ch 7 | 7/23/2009 |
Q: I live in Akron, OH and am filing Ch 7 and surrendering my home in the bankruptcy. After ...
A: Yes, you have a duty to maintain the property until the foreclosure is complete. Since you are the ...
|
| Look back period/means test CA | 7/20/2009 |
Q: I earned $0 income in 2008 cashed out 401K to live off, didn't qualify for unemployment. Is there a ...
A: you have to disclose closed accounts for 12months on your statement of financial affairs. The ...
|
| Selling your home after during a Ch 7 BK | 7/10/2009 |
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 ...
|
| Disabled while on Chapter 13 | 6/29/2009 |
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 ...
|
| converting from ch13 to 7 | 6/28/2009 |
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 ...
|
| reopening a chapter 7 case | 6/26/2009 |
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 ...
|
| secured debt question in ch 7 | 6/24/2009 |
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 ...
|
| Ch.7? | 6/5/2009 |
Q: I believe I need to file for Ch.7? I cannot afford to pay my second mortgage. My mom was paying it ...
A: reaffirmation, is signing a document to let the debt survive bankruptcy. You need to stay current ...
|
| Short sale in Ch.13 bankruptcy vs. foreclosure | 6/5/2009 |
Q: We are currently in Ch.13 bankruptcy and paying payments to the plan. We have an opportunity to sell ...
A: It depends. The court and trustee would need to approve the short sale. Each state & jurisdiction is ...
|
| bankruptcy: investment property protection | 6/5/2009 |
Q: I own two rental houses in san diego. Both are likely to enter foreclosure soon. Can I protect ...
A: Chapter 13 can help cure arrears. You would need to show the court that you have enough disposable ...
|
| Ch.7? | 6/5/2009 |
Q: I believe I need to file for Ch.7? I cannot afford to pay my second mortgage. My mom was paying it ...
A: The second mortgage cannot be discharged in a chapter 7, unless you want to surrender the whole ...
|
| Avoid Garnishments w/out Bankruptcy? | 6/4/2009 |
Q: I do realize it is a lot of information. The one thing that I am most worried about at the moment, ...
A: Once a creditor sues you and gets a judgment, they would look to garnish wages, freeze bank ...
|
| Co-Signer Rental Question w/ bankruptcy | 6/3/2009 |
Q: We will have to claim bankruptcy in the near future we think, we are looking to rent in illinois ...
A: Only memebers of the household income is counted towards the means test calculation. So, if the ...
|
| Credit Card Question | 6/3/2009 |
Q: I am considering filing Bankruptcy. My question is I recently recieved(month ago) an offer from my ...
A: Creditor's can object for recent usage right before a case (90 days) they can also object for ...
|
| means test | 6/3/2009 |
Q: We reside in IL and my fiancee is considering Chapter 7 but his income level($48,000) is right at ...
A: You can, assuming you are doing it for reasons other than just to 'pass' the means test. IT can be ...
|
| creditor | 6/2/2009 |
Q: I filed a chapter 7 two years ago it has been discharged. one of the accounts was on a car that was ...
A: When there is a cosigned debt, that survives the divorce, the terms of the divorce control in this ...
|
| Chapter 7 qualification | 6/2/2009 |
Q: My wife has Stage IV Lung Cancer which is not curable. Her life expectancy is unclear at this point ...
A: The additional medical bills and related expenses can be listed under other, for which the court ...
|
| Credit Card Use | 6/1/2009 |
Q: I recently paid off a loan using my credit card. ($9000) The interest rate on my Credit card was ...
A: You can discharge the debt. However, creditors can object for recent usage within 90 days before ...
|
| Bankruptcy/Personal Injury Settlements | 5/30/2009 |
Q: A bankruptcy claim is underway, but has not yet been filed. I have a pending medical personal injury ...
A: Each state has it's own exemptions to protect different assets. For instance, in Illinois, a ...
|
| filing bankruptcy | 5/29/2009 |
Q: We are trying to file bankruptcy. One lawyer said we made too much money. Between my husband and I ...
A: Each debtor is subject to the means test calculation looking at income received for the 6 months ...
|
| Is bankruptcy my only choice? | 5/29/2009 |
Q: On Tuesday I had a telephone consultation with the NFCC and she said my interest rates on my credit ...
A: Generally, people are not fired for filing unless they are a stock broker or have an employment ...
|
| Chapter 13 | 5/21/2009 |
Q: My husband and I are about to file chapter 13 bankruptcy. I understand the garnishment for the ...
A: You can set up your plan to pay back due property taxes thru the plan. If they are escrowed in, and ...
|
| chapter 13 | 5/20/2009 |
Q: I am currently behind in a chapter 13 in OH filed 4/07. I lost my job 11/08 and was on unemployment ...
A: If you send what you can the trustee may work with you. You can always bring a motion to defer ...
|
| bankruptcy chapter 7 | 5/19/2009 |
Q: I filed for a chapter 7 bankruptcy because I thought I had to if my soon to be ex husband did. After ...
A: They are not forcing you to file, you filed voluntarily. You lose certain rights upon filing, and ...
|
| bankruptcy chapter 7 | 5/14/2009 |
Q: I filed for a chapter 7 bankruptcy because I thought I had to if my soon to be ex husband did. After ...
A: You can try to bring a motion to voluntarily dismiss your case. It is up to the judge and trustee if ...
|
| Chapter 7 , Cosigner, and Divorce | 5/14/2009 |
Q: Good morning Attorney, After a terrible and financially draining short marriage, I have decided to ...
A: If you surrender the vehicle, the lender will auction it off to recoup what they can and you are ...
|
| recent structure settlement and chapter 7 | 5/12/2009 |
Q: I was in an auto accident 4 years ago in NC ,Moved to Atlanta 1.5 years ago to take care of 2 ...
A: Your injury settlement is an asset of the bankruptcy estate. Your state may have exemptions to ...
|
| civil judgment vs bankruptcy | 5/10/2009 |
Q: I filed bankruptcy in 10/05. Suntrust Bank was under the bankruptcy, but however their is still a ...
A: The debt is discharged in the case (unless they objected and won in your case). The fact that the ...
|
| car exemption | 5/7/2009 |
Q: I am considering paying off our $10,000 car balance with chase with a low interest wells credit ...
A: I would suggest you meet with an attorney now to properly plan the case. I advise my clients not to ...
|
| re-open chapter 7 | 5/7/2009 |
Q: I live in Maryland, I started off with a chapter 13, later converted to chapter7, there were some ...
A: Your best chance is to bring a motion to reopen the case to file a statement of after acquired ...
|
| Chapter 7 and Civil Complaint | 5/6/2009 |
Q: Can a creditor who was listed in my bankruptcy, which has been discharged, file a civil complaint ...
A: If the debt was dischargeable and they received notice and did not object, then they are prohibited ...
|
| Taxes and Banckrupt | 5/6/2009 |
Q: I filled back taxes on May 2007. I got a strong payment plan that I had been paying every month ...
A: To discharge income taxes: 1. Taxes must be at least 3 years old when filing BK. 2. Taxes must have ...
|
| Ch. 7 Bankruptcy Re-Affirmation of Mortgage | 5/6/2009 |
Q: In March 2007, I was granted a Ch. 7 Bankruptcy discharge in Michigan. I signed a re-affirmation ...
A: If the reaffirmation wasn't filed, then it technically isn't valid. You still own the home, but they ...
|
| car exemption | 5/6/2009 |
Q: I am considering paying off our $10,000 car balance with chase with a low interest wells credit ...
A: Several issues. If you pay off the car - you would have a recent usage objection by the creditor you ...
|
| household expenses | 5/5/2009 |
Q: My son and his wife are filing for bankruptcy. They have passed the means test, and now they have ...
A: They need to list down all monthly expenses, even ones that don't occur each month (can put the ...
|
| cosigner on car loan included in bankruptcy | 5/5/2009 |
Q: We have filed bankruptcy. We were going to reaffirm a car with our lender, only the lender is ...
A: Cosigners are equally responsible for the debts, so if you reaffirm and the note is current, then ...
|
| Bankruptcy | 5/4/2009 |
Q: My husband and I are renting and need to file chapter 7. We owe our landlord 3 months rent. How will ...
A: If you are breaking the lease, you can list that amount in the case and discharge that debt. ...
|
| joint account bankruptcy | 5/1/2009 |
Q: My question for you is that if I were to file bankruptcy and my wife is a joint account holder on ...
A: I always recommend using an attorney. Meet with several, check their credentials and choose the one ...
|
| Time between filings of Chapter 7 or 13, in IL | 4/30/2009 |
Q: I have made a Loan with a friend and they have defaulted. This friend filed Bankruptcy about three ...
A: If they filed chapter 7, they cannot file another 7 for 8 years from the date of the last ch7. They ...
|
| joint account bankruptcy | 4/29/2009 |
Q: My question for you is that if I were to file bankruptcy and my wife is a joint account holder on ...
A: The court factors in all household income when calculating your means test to see if you qualify for ...
|
| Chapter 13 Bankruptcy and Tax Refunds | 4/29/2009 |
Q: My Chapter 13 Bankruptcy plan approved by the court gave the IRS a priority creditor status and ...
A: Normally, I've seen plans that say that tax refunds are to be turned over to the trustee. The ...
|
| FILED CHAPTER 13 NOT WANTING TO DO CHAPTER 7 | 4/29/2009 |
Q: I filed chapter 13 in 2007 and now am thinking of filing a chapter 7 and letting everything go ...
A: If you convert, you will need to catch up on the car payments (they were paid on a different rate ...
|
| bankruptcy | 4/28/2009 |
Q: a house that i owe that waa not listed on the bankruptcy burned down. the cause was undetermined. ...
A: You need to amend your schedules. List the Home on A. List the Debt on D. List any exemption you ...
|
| Should we file now, or wait | 4/27/2009 |
Q: We are currently considering chapter 13, due to debt incurred when building our new home, among ...
A: There is really no time frame to worry about with a chapter 13. The attorneys fees owed when filing ...
|
| joint account bankruptcy | 4/26/2009 |
Q: My question for you is that if I were to file bankruptcy and my wife is a joint account holder on ...
A: This is a common question I get. Authorized users - not your debt. Only the original signor/account ...
|
| Equity line of credit | 4/25/2009 |
Q: I filed bky in 2006 and did not reaffirm with my 1st mortgage or my equity line of credit. The tax ...
A: The 2nd loan has the right to foreclose, but usually will not if there is no equity for them to get ...
|
| Divorce/Bankruptcy/Mortgage Impacts/Florida | 4/25/2009 |
Q: My mom is divorced but the mortgage and deed to her house are still in both their names. She still ...
A: If she wants to keep it, she'll have to continue to pay for the mortgage and remain current. If ...
|
| Chapter 7 in community property state | 4/23/2009 |
Q: Can debt(credit card) in my name only (nothing ever combined or in both names), incured both before ...
A: Yes, the income would be counted toward household income. as for the other matter: the divorce ...
|
| Chapter 7 in community property state | 4/23/2009 |
Q: Can debt(credit card) in my name only (nothing ever combined or in both names), incured both before ...
A: Normally debts incurred during the marriage can be pursued against both spouses in a community ...
|
| Keep mulitple homes/my property biz in Chapter 7? | 4/22/2009 |
Q: I own 15 rental properties as my business (over 2 million in secured debt). A few of them are so far ...
A: You have too much debt for chapter 13. There is a debt ceiling for secured and unsecured, which you ...
|
| Chapter 7 Reaffirmation | 4/19/2009 |
Q: I live in Florida and have filed chapter 7 and have recently received a reaffirmation agreement from ...
A: The trade in reduced the balance you owed, so you cannot force them to turn back over the ring you ...
|
| Chapter 7 Bancruptcy | 4/19/2009 |
Q: If I filed for bancruotcy in January 2002 and it was discharged in May 2002, could I file again ...
A: Chapter 7 can be filed 8 years and 1 day from your prior chapter 7. You can otherwise do a chapter ...
|
| converting from C13 to C7 | 4/16/2009 |
Q: My husband and I are currently in C13. His income has gone down and we lost our house. We cannot ...
A: Converting is always an option if you haven't filed a chapter 7 in the last 8 years. If your budget ...
|
| New Job after Chapter 7 filing | 4/16/2009 |
Q: I filed for Chapter 7 at the end of March. My trustee meeting is in the first week of May. If I have ...
A: Your petition snapshot is taken as of the date you filed in March/April. You should tell your ...
|
| Spent Refund | 4/15/2009 |
Q: I filed chapter13 last April,I was told to turn over my tax refund but I did`t.The check came to me ...
A: The trustee could file a motion to dismiss the case. You need to meet with your attorney, and see if ...
|
| Personal Bankruptcy | 4/14/2009 |
Q: Terry, What would you recommend? Location Florida - Situation, a person is considering filing ...
A: For bankruptcy, it sounds like there is equity in the out of state property. If so, and if a chapter ...
|
| Auto loan | 4/11/2009 |
Q: I filed chapter 7 bankruptcy 9-08in New Mexico. When I filed I stated that I intended on keeping the ...
A: You should have signed a reaffirmation on the debt while the bankruptcy case was open. Now that it ...
|
| After Chapter 7 discharge | 4/10/2009 |
Q: My wife and I were discharged from Chapter 7 bankruptcy in December 2008. Before we filed we were ...
A: Yes, you can accept it. You should talk with your bankruptcy lawyer to see that there is an ...
|
| inheritance & chapter 7 bankruptcy | 4/9/2009 |
Q: My grandmother died the day before our chapter 7 bankruptcy petition was officially filed (we had ...
A: You will need to list this inheritance in the case (or amend schedules if already filed) These are ...
|
| student loans | 4/9/2009 |
Q: I have a lot of student loan debt, and am still attending college. My son was recently diagnosed ...
A: Normally the student loans are non-dischargeable. You would have to prove 3 elements to discharge ...
|
| Chapter 7 Bankruptcy | 4/8/2009 |
Q: When I file Chapter 7 Bankruptcy will I be able to keep my home? My husband was an owner operator ...
A: You can keep the home if you stay current and you have no unprotected equity in the home. Each state ...
|
| CHAPTER 7 DISCHARGE | 4/8/2009 |
Q: my husband and I received our discharge under section 727 title 11. On the back page it stated that ...
A: You still need to address the adversary. The case discharges automatically, with the exception of ...
|
| Reaffirmation agreement paperwork never completed... | 4/8/2009 |
Q: I filed Chapter 7 in October of 2005 and it was discharged three years ago. I had a new auto loan ...
A: If there was no reaffirmation, then the debt will be discharged in the case if you chose to ...
|
| CHAPTER 7 DISCHARGE | 4/7/2009 |
Q: my husband and I received our discharge under section 727 title 11. On the back page it stated that ...
A: discharge is good. Dismissal is bad (meaning the court denied your case and you still owe the debt) ...
|
| Chapter 7 BK , 1st and 2nd Mortgages | 4/7/2009 |
Q: I filed for Chapter 7 Bankruptcy in July 2008 and it was discharged in the first week of November ...
A: If you did not reaffirm (or refinance after the bankruptcy) you can walk away from the debt, let ...
|
| Personal Bankruptcy when I own a business | 4/7/2009 |
Q: I am considering filing a personal bankruptcy, but I own a business (s corp)that i want to sell to ...
A: Several points for you. 1. Your personal bankruptcy will only remove your personal obligation on ...
|
| Chapter 7 & Foreclosure | 4/5/2009 |
Q: I'll start by saying our current home is in my name only. I've been un employed for over a year ...
A: Yes, she is free to purchase whatever she wants to. She is not obligated to make your mortgage ...
|
| filing chapter13 after chapter7 | 4/5/2009 |
Q: can i file chapter 13 1 year after my chapter7 was discharged?
A: You may, however, if the chapter 7 case was filed less than 4 years before the chapter 13 filing, ...
|
| LLC bankruptcy and owed wages | 4/5/2009 |
Q: I performed services for a LLC in Colorado which still owes me money. He owes a total of $16000.00 ...
A: You can collect on the debt (sue, garnish wages, freeze bank accts etc) until you receive actual ...
|
| new job after filing bankruptcy | 4/5/2009 |
Q: I just recently filed Chapter 7 bankruptcy late March. I was offered a part-time temporary job that ...
A: Yes, that sounds ok. Since it happened after the case was filed, you don't have to disclose that on ...
|
| SSI Disability and Bankruptcy | 4/4/2009 |
Q: My grandmother took out a personal finance loan from CitiFinancial for about $6000... Her income is ...
A: If citifinancial is holding a security interest in the items, she can choose to reaffirm the debt ...
|
| Bankruptcy refinance to Payoff 13 | 4/4/2009 |
Q: I have been paying on my bankruptcy for 4 yrs, due to the economy I was laid off and fell behind one ...
A: You need to talk to a bank about the refinancing. Once you have a deal worked out, then you need to ...
|
| Rental during bankruptcy | 4/4/2009 |
Q: I am renting a house and I was just told that the owner (private owner) has filed chapter 7 ...
A: Usually you are allowed to continue making the payments and live out your lease. If you have gotten ...
|
| Unusual 2nd home situation | 4/3/2009 |
Q: Due to my job loss in January, my husband and I are going to file bankruptcy (Chp. 7) and are not ...
A: SInce his name is on it, this is an asset that can be liquidated in a chapter 7. Any transfer would ...
|
| Removal of a lien | 4/2/2009 |
Q: I filed Chap bankruptcy in July 2004. I listed a discover credit card on my bankruptcy, which in ...
A: If the debt was paid, you can request that the creditor file a satisfaction of debt and remove the ...
|
| chapter 7 | 4/2/2009 |
Q: I'm thinking about filing chapter 7 alone with out my husband he has no debt i'm on disability .Will ...
A: It depends. Each state allows some exemptions for wildcard, which can be used to protect tax ...
|
| chapter 7/ 2nd mortgage | 4/2/2009 |
Q: Can a 2nd mortgage be dismissed in a chapter 7 bankruptcy, if the 1st mortgage is for 75% of the ...
A: Chapter 7 cannot discharge a 2nd mortgage since they retain the lien on the home...unless you are ...
|
| personal bankruptcy | 4/1/2009 |
Q: I would like to know if personal private student loans can be discharged in filing bankruptcy. If ...
A: Student loans are generally non-dischargeable in bankruptcy unless you can prove they are an undue ...
|
| Chapter 7 Schedule E | 3/4/2009 |
Q: My husband & I filed chapter 7 in 3/07 and were discharged in 7/07. We reside in Kansas.My husband ...
A: if the debt was filed on time, accurate and complete and over 3 years old when the bk was filed, and ...
|
| Being Sued After Discharge for Broken Lease | 3/1/2009 |
Q: During the BK process, I told my attorney that we would have to move out of our current rental and ...
A: While they cannot collect on the lease, the landlord has the right to evict. You need to show the ...
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| Non-consumer Debt Judgments and Bonus | 2/28/2009 |
Q: Can you direct me to a good source to help us with a non consumer chapter 7? We have very little ...
A: The means test does not apply if the debts are not primarily consumer. The court will then look at ...
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| Bankruptcy (IL)- Income for ch 7 | 2/25/2009 |
Q: Re: income for ch 7 I have household of 4 - myself (not employed & receiving monthly ss disability ...
A: The means test calculates all income for the household. You need to talk to a tax expert as to what ...
|
| foreclose and repo | 2/24/2009 |
Q: do we have to file in the state our house is? we are military and moving. we will have enough money ...
A: Generally, you file in the jurisdiction where you have resided for the last 91 days. You should pay ...
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| Chapter 7 Bankruptcy Questions | 2/23/2009 |
Q: I currently live and work in California but own a home in Indiana that has little equity, my ...
A: you would have to file in California for now. You would have to establish jurisdiction in Indiana. ...
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| chapter 13 + new child | 2/22/2009 |
Q: My husband and I filed chapter 13, 2.5 yrs ago. After 14 yrs or marriage, we had a child. The ...
A: You can petition to modify the plan to either tack payments to the end, or lower the payments if you ...
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| Converting from Chapter 7 to 13 | 2/22/2009 |
Q: Our chapter 7 bankrupty was dismissed Jan. 06, 2009. What is the time frame for filing a chapter 13 ...
A: Since it was dismissed, you have to file a new case, chapter 13. If it was discharged, then if you ...
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| chapter 13/new furnace | 2/20/2009 |
Q: I reside in Indiana. I am in my 2nd year of my chapter 13. My furnace went out, repairman told me it ...
A: You can finance one, but you need to bring a motion in bankruptcy court to allow you to finance it. ...
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| Bankruptcy and leins placed on other property | 2/19/2009 |
Q: I HAVE A HOUSE THAT COLLAPSED DUE TO FOUNDATION PROBLEMS AND THE INSURANCE REFUSES TO COVER THE ...
A: They cannot put a lien on anything once you file the case, however, depending on where you live now, ...
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| modification while in banckruptcy | 2/19/2009 |
Q: I filed for ch. 13 in 12/06, ever since then I have been trying to modify the terms of my loan on my ...
A: To acquire new debt (incl. refinancing/modifications), you need a motion for approval to do so. Even ...
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| will i lose my home? | 2/18/2009 |
Q: i am looking into filing a chapter 7, i am current on my mortgage payments taxes ect. i owe 106,000 ...
A: Depending on the equity and your state exemptions, it might be possible to strip off the liens if ...
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| Cosigner's Bankruptcy Affecting MY Credit | 2/18/2009 |
Q: Mt dad co-signed on a car for me. He filed bankruptcy and nothing was said about him re-affirming on ...
A: Cosigners are equally responsible for the debt. You can probably contact the credit bureau that is ...
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| Ex-husband files Chapter 7. What does it mean for me? | 2/18/2009 |
Q: I am hoping you can help me...I am looking for guidance. I have just finished a divorce after 13 ...
A: As a party to the case, you can request copies of the petition and tax returns from the debtor, ...
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| Chapter 13 | 2/12/2009 |
Q: I am only 10 months away from completing my bankruptcy. As excited as I am, I am a little ...
A: You need to talk to your attorney to see if the refunds were supposed to have been turned over, or ...
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| SURRENDER OF PROPERTY | 2/10/2009 |
Q: I filed a chapter 7 bankruptcy pro se. I listed my commercial property and the first and secone ...
A: The lender will institute foreclosure proceedings when they are ready to start the process. You can ...
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| Bankruptcy Fees | 2/10/2009 |
Q: How much should I expect to pay for a lawyer filing chapter 7? How long would it take? Will I have ...
A: Each attorney has their own fee scale, from $350 to several thousands for very complex chapter 7's. ...
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| Forclosure after Chapter 7 | 2/10/2009 |
Q: I filed Chapter 7 in May 2007. My current mortage was discharged in the bankruptcy.I was never ...
A: if you did not sign a reaffirmation, then the debt is technically discharged in the case. You can ...
|
| Bk discharged 07 no reaffirmation sent | 2/8/2009 |
Q: Terry, I am trying to do a loan modification with Indy Mac, there was never a reaffirmation ...
A: Either your attorney, but most usually your creditor will prepare the reaffirmation. All parties - ...
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| tax refund after filing bankruptcy | 2/6/2009 |
Q: I had to file personal bankruptcy after my llc painting business went bankrupt in jan 09 while ...
A: You need to check with your attorney and trustee to see if the tax refund is exempt under your local ...
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| Tax Returns after bankruptcy | 2/5/2009 |
Q: My husband and I filed bankruptcy in Idaho in September and it was discharged and our estate was ...
A: The asset is part of the bankruptcy estate, while a case may discharge, it can stay open to ...
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| Chap 7 Bankruptcy and getting married | 2/5/2009 |
Q: I may need to file Chap 7 Bankruptcy. I am also planning to marry. I incurred all debts ...
A: Only debts incurred while married in a community property state are both parties responsibility. ...
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| CHAPTER 7 QUESTION | 2/3/2009 |
Q: I HAVE FINANCING THROUGH MY CREDIT UNION , WHICH INCLUDES MY MORTGAGE,AUTO LOAN,PLATINUM CREDIT ...
A: Yes, credit unions are notorious for cross collateralizing debt. You can surrender any asset that ...
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| Tax refund & chapter 13 | 2/1/2009 |
Q: My wife and I just will be getting back 3,100 back in taxes this year. We filed Bankruptcy back in ...
A: Justin, ask your lawyer. It depends on which state and jurisdiction you are filing in. Also, your ...
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| Bankruptcy | 2/1/2009 |
Q: I am considering Chapter 7 Bankruptcy, if I go ahead with the process what will happen if my case is ...
A: The date the case is filed is the effective date of the filing. The official discharge is entered ...
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| chp 13 | 1/30/2009 |
Q: Is if possible to file a personal chp 13 if I own a small business?
A: Yes, but you need steady income flow to make the chapter 13 work. You would also want to keep an ...
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| Inheritance not recieved before filing bankruptcy. | 1/28/2009 |
Q: Ok, we live in Kansas and my wife's Grandmother passed in July of 07 just 4 weeks after her ...
A: Yes. If the person had passed before the case was filed, the inheritance was an asset of the ...
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| bankruptsy and student loans | 1/28/2009 |
Q: My husband and myself had to take a bankruptsy in 2003. It was discharged October 2008. The ...
A: Most likely not. The test to discharge student loans is very hard to pass, you basically have to ...
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| Bankruptcy | 1/27/2009 |
Q: My husband and I had a bankruptcy that was discharged in 2002. I do not remember signing an ...
A: If there was no reaffirmation signed, then the debt is discharged thru the case, although the lien ...
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| Bankruptcy affect on spouse | 1/26/2009 |
Q: I am currently on an L1 Visa and lost my job a few months back. I got married to a US Citizen last ...
A: you can file if you are in the country legally and have a social security #. As to if it will affect ...
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| time of residense | 1/26/2009 |
Q: Leeders, We plan a move from Missouri to Kansas. How long do we need to be residents of Kansas ...
A: Jurisdiction changes after 90 days. Otherwise you would file in Missouri for the first 3 months ...
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| Not all creditors submitted claims, will it reduce debt? | 1/26/2009 |
Q: If all the claims were not filed by creditors in the bankruptcy court, is the total amount filed ...
A: Your plan terms control. Reread your plan, it may say that there is a minimum pot to pay into, which ...
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| Chapter 13 Mortgage payment plan | 1/24/2009 |
Q: Mr. Leeders: Unfortunately, I cannot afford both of my mortgage payments and wasn't able to qualify ...
A: There is current legislation regarding possibly changing the mortgage terms, but it hasn't been ...
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| C Corp and Bankruptcy | 1/23/2009 |
Q: In Arizona, I recently filed Chpt. 7 and included debt in my business name. Does this eliminate the ...
A: If you filed a personal bankruptcy, then it would only remove any personal liability you have for ...
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| Bankruptcy | 1/23/2009 |
Q: I am in the process of filing for bankruptcy and getting my financial life back in order. I ...
A: If you are doing Chapter 13, then any default will be rolled into your repayment plan. If you are ...
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| Cptr. 7 Bankruptcy and Reaffirmation Agreement | 1/22/2009 |
Q: I reside in Connecticut, use a credit union and have just filed for Chapter 7. I am signing a ...
A: Normally, a reaffirmation agreement reaffirms the original contract. If your reaffirmation sets ...
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| Post filing ch 13 | 1/18/2009 |
Q: My wife and I filed chapter 13 2.5-3 years ago. I would like to relocate to a different state. Is ...
A: No. Everything can proceed as it is. You should notify your attorney of the new address so they can ...
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| bankruptcy and home mortgage | 1/17/2009 |
Q: i own a home with my ex boyfriend who is refusing to pay the mortgage but he is in the army. he got ...
A: Only a quit claim or foreclosure takes a name off of the deed. The bankruptcy merely removes the ...
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| bankruptcy and home mortgage | 1/16/2009 |
Q: i own a home with my ex boyfriend who is refusing to pay the mortgage but he is in the army. he got ...
A: You can surrender the home in a bankruptcy. He will be responsible, as a cosigner, for any balance ...
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| 2nd mortgage bankruptcy | 1/16/2009 |
Q: Mu husband and I are thinking of filing Chapter 7. Our 1st mortgage is 80,000 and second is 65,000. ...
A: Yes. Unfortunately, if you want to keep the home in Chapter 7 you will have to pay all liens, as ...
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| Ch7 Vehicle Discharged by mistake | 1/15/2009 |
Q: I filed Ch7 bankruptcy and got my discharge letter however CitiFinancial called me, and said my ...
A: You will have to try to get the info from the lender. You can calculate the balance due from your ...
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| Ch7 Vehicle Discharged by mistake | 1/15/2009 |
Q: I filed Ch7 bankruptcy and got my discharge letter however CitiFinancial called me, and said my ...
A: Unfortunately, you are sort of in limbo. If you continue to make your payments, and stay current, ...
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| Chapter 7 | 1/14/2009 |
Q: When filing Chapter 7 does it put an automatic stay on an auto lease? If there is equity should you ...
A: When a case is filed, the automatic stay is effective towards all creditors. Your options with a ...
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| 401K Loan and Chapter 7 | 1/14/2009 |
Q: I filing a Chapter 7 bankruptcy how would a 401K Loan be handled, would it be a unsecured priority ...
A: None of the above. A 401(k) loan is not a debt in bankruptcy. It is just money owed by the debtor, ...
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| Lottery Winnings after discharge of chapter 7 | 1/13/2009 |
Q: If you win a large sum of money in a lottery after your chapter 7 has been discharged do you get to ...
A: If you bought the ticket before filing, then the asset is part of your bankruptcy estate and would ...
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| Chapter 13 and Tax Refund | 1/13/2009 |
Q: I bought a home in 2/08 and filled a 13 on 5/08(re: garnishment, car note), my question is, since ...
A: Your local rules and your chapter 13 plan will control on whether you need to turn over the tax ...
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| Is bankruptcy best in this situation? | 1/12/2009 |
Q: Leaders: I am writing you on behalf of my father. He is 60 years old, and recently became ...
A: It probably won't really be much different. The bankruptcy trumps the repo, but that fact that it ...
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| credit report | 1/11/2009 |
Q: I recently had chapter 13 approved and had my hummer taken back.Courts have instructed me not to ...
A: If you purchase a vehicle for cash, you do not need to do anything special with the court. To ...
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| 10 years post bankruptcy | 1/11/2009 |
Q: Is it legal for a bank that I defaulted on a loan with them over 10 years ago during a bankruptcy to ...
A: A lender does not need to give you credit again if you have bankrupt them in the future. Depending ...
|
| landlord files BK - florida | 1/10/2009 |
Q: it seems i am in the minority.. good tenant getting hosed by the landlord! here is what ...
A: You may have a claim against the client. You have the right to file an adversary objection in the ...
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| garnished wages | 1/10/2009 |
Q: i've recently received a chapter 7 discharge and was wondering how much of my garnished wages (90 ...
A: You would have to bring a turnover motion in the court. Technically, the money would belong to your ...
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| bankruptcy | 1/8/2009 |
Q: What website can i search for papers to amend my bankruptcy.
A: You need to file the appropriate amendments with the court. You can google search your court, state ...
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| Should I Go Bankrupt/ | 1/8/2009 |
Q: I owe to NY state tax about 17K and to the Federal Goverment about 52K. NY state is confiscating ...
A: With a chapter 13, your plan can run from 3-5 years based on how much disposable monthly income you ...
|
| Filed Bankruptcy | 1/5/2009 |
Q: We have filed bankruptcy in WI and it is all said and done. However today I recieved and bill from ...
A: Until the home forecloses or your transfer title to the lender (or sell) you are responsible for any ...
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| amending chapter 13 | 1/3/2009 |
Q: Leeders: My husband and I filed chapter 13 in November of 2007. We have a mortgage on our home, a ...
A: You can file a modified plan to adjust your intentions on the home if you want to surrender it. ...
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| Amendment adding assets | 1/2/2009 |
Q: Good evening, I am 38 days into my 60 day waiting period on my chapter 7 case. The trustee already ...
A: Yes you do need to amend. It is common, usually to add on a forgotten debt. You need to send ...
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| income tax refund.... | 12/31/2008 |
Q: i filed bankruptcy in september 2008,it's almost discharged,my question is, can they take my tax ...
A: Depending on your state, tax refunds may have to be turned over to the trustee. Normally, the ...
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| Chapter 13 dismissal, can you re-file | 12/29/2008 |
Q: I filed for chapter 13 in 11/06, it was confirmed and my employer was making payments to my trustee ...
A: you can refile a new case. You can talk to your attorney about recalculating based on the changes ...
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| BANKRUPTCY | 12/27/2008 |
Q: When someone files for bankruptcy and then later someone does a google search for that person's name ...
A: Generally no. The information is public, but the court records are not linked to google,as there is ...
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| BANKRUPTCY | 12/16/2008 |
Q: I filed ch. 7 last month and I thought my lawyer only included the debts I want to release. ...
A: All debts must be listed. Creditors cannot collect from you during the case, but you need to ...
|
| Chapter 13 question | 12/16/2008 |
Q: I & my husband are on Chapter 13 and I received a call from a lawyer in another town that they were ...
A: If this happened before you filed the case, you need to talk with your attorney about amending the ...
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| Chapter 13 | 12/15/2008 |
Q: I live in Illinois. I will be paying my last payment on my chapter 13 tomorrow. But due to price ...
A: You can usually work out a deal with the lender, thru loan modification, refinance, or other type of ...
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| forclosure | 12/14/2008 |
Q: I filed bankruptcy a little over two year ago. I had a two homes because I could not sell one. I ...
A: Actually, that is incorrect. The bankruptcy just discharges the debt for the mortgage, the ...
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| Court Does Not Approve Reaffirmation Agreement | 12/14/2008 |
Q: If the court does not approve a car loan reaffirmation agreement in a chapter 7 case, what happens ...
A: Technically, without a reaffirmation agreement, the lender would have the right to get the ...
|
| Divorce then Bankruptcy | 12/13/2008 |
Q: I live in Texas and owe $80,000 in Credit Card debt on three cards (Chase & BOA). My annual income ...
A: You should speak with your lawyer regarding the options available. You should not divorce solely to ...
|
| Reafirmation | 12/11/2008 |
Q: During my BK, I reaffirmed an auto loan. However, I was told by my lawyer that I could change my ...
A: Yes, you can rescind a reaffirmation within 60 days of signing it, or the date of discharge, ...
|
| wanting to refinance my house while in Chapter 13 | 12/11/2008 |
Q: I have filed a Chapter 13 Bk way back in 2004 and should be paid off or closed this July. I am ...
A: That's tough. It is a relatively simple process. you need to file a motion to obtain credit for the ...
|
| Ch. 7 Bankruptcy | 12/10/2008 |
Q: I owe ~ $170k 1st mtg. (~6.5% int. rate) and a HELOC ~ $43,500. Both are with Chase. I rec'd a ...
A: You had asked what would happen if you did reaffirm then stop making payments to then get chase to ...
|
| Ch. 7 Bankruptcy | 12/10/2008 |
Q: I owe ~ $170k 1st mtg. (~6.5% int. rate) and a HELOC ~ $43,500. Both are with Chase. I rec'd a ...
A: It is your home until a foreclosure is complete. You can negotiate with chase afterwards, even if ...
|
| BANKRUPTCY | 12/9/2008 |
Q: I have a rental house that is in the forclosure process. If I file bankruptcy will the forclosure ...
A: If you file for bankruptcy, the foreclosure case must be suspended. They can then move to ask the ...
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| chapter 7 BK | 12/9/2008 |
Q: I have a $2900 (1yr old) big TV from Circuit City and $4000 (2yrs old) furniture from Levitz, that ...
A: Your classification on the schedules cannot change the true debt classification. The creditor, if ...
|
| Judgement / Bankruptcy | 12/8/2008 |
Q: Texas - I'm due to be divorced on Tuesday, Thursday a credit card company is taking me to court for ...
A: Your divorce decree will control who would be responsible for the debt. I assume it is a joint ...
|
| Gifts while dealing with bankruptcy proceedings | 12/7/2008 |
Q: I was wondering what happens when a gift is given by someone who is going through bankruptcy ...
A: The debtor needs to list all gifts, transfers, and payments to creditors. The petition requires a ...
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| BANKRUPTCY | 12/5/2008 |
Q: If someone files ch. 7 and during the following few months his monthly income exceeds his monthly ...
A: no. the court will look at the means test analysis to see if the debtor passes the 6 month budget ...
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| Dismissal of a Chapter 13 | 12/4/2008 |
Q: I am behind because i lost my job by 1555.00 ive found a new job and started paying again. They ...
A: Absent a motion to dismiss, you can cure any default as soon as you can. You can send in extra ...
|
| Bankruptcy and student loans/tax returns | 12/3/2008 |
Q: My husband and I are working with a Bankruptcy lawyer due to my husband losing his job and I have ...
A: Maybe. it would depend on your state exemptions to see if the lawyer can protect any refund. Some ...
|
| Bankruptcy - Chap. 7 - atty contract | 12/2/2008 |
Q: Someone in Michigan plans to file Chapter 7 bankruptcy. The "agreement" with the attorney states ...
A: You are paying for the case to be filed, and for representation in the case. You are not paying for ...
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| Filing chapter 13 after chapter 7 | 12/1/2008 |
Q: I was hoping you could shed some light on my situation. I am behind on my 1st mortgage payment 4 ...
A: You can do a chapter 13, however, you will not receive a discharge. You can use the case to catch ...
|
| Arrested after discharge | 12/1/2008 |
Q: I filed for chapter 7 and was discharged in May of 2008. One of the debts I listed was a civil ...
A: By filing criminal charges, it will not be deemed a violation of the bankruptcy discharge in most ...
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| Arrested after discharge | 12/1/2008 |
Q: I filed for chapter 7 and was discharged in May of 2008. One of the debts I listed was a civil ...
A: There are several issues here. 1. You should notify the court of the bankruptcy case when your ...
|
| Being sued after bankruptcy | 11/30/2008 |
Q: I had an accident in my sisters car. She had no insurance. This was in 2006. I filed bankruptcy ...
A: YOu can pay the court fee to reopen your case to amend your schedules to include the debt. You will ...
|
| bankruptcy question | 11/29/2008 |
Q: we filed a chapter 13 about 4 years ago and we are just about paid up, but recently missed about 2 ...
A: You can ask the court for more time to get the funds together if you can get them shortly, usually ...
|
| Chapter 13 Filing Fees | 11/29/2008 |
Q: I want to know when filing a Chapter 13 do you pay the filing fees up front or can you wait 30 days? ...
A: Normally the bankruptcy court fee of $274 is paid in advance of the case getting filed. ...
|
| bankruptcy/and selling my truck | 11/29/2008 |
Q: my partner an i owe a bank 100k for a loan on our busniess and we signed a personal note now there ...
A: While it is not wrong to liquidate an asset before bankruptcy, you must take caution to make sure ...
|
| Suing someone after they've filed for bankruptcy | 11/29/2008 |
Q: This takes place in the State of California. A friend I loaned $7500.00 to is filing for bankruptcy ...
A: IF the debt is listed in the bankruptcy, then you cannot sue unless the debt is reaffirmed during ...
|
| Chapt 13 & law suit related to divorce decree | 11/29/2008 |
Q: My Dh and I desperatley need to file a Chap 13. His ex recently sued us for nothing having to do w/ ...
A: All divorce debts can be included in a chapter 13. If your chapter13 repayment plan pays back less ...
|
| bankruptcy | 11/28/2008 |
Q: I cosigned a car loan with my son that he just paid off but the title came in my name. (I understood ...
A: Any transfers of assets before a bankruptcy could cause problems in the case. It sounds like the ...
|
| Chrysler Financial Problems | 11/28/2008 |
Q: My wife and her dad so-signed my wife's car for financing payments. My wife has made every payment ...
A: If a debt is not reaffirmed during a bankruptcy, the debt is discharged thru the bankruptcy. Now, ...
|
| Bankruptcy 2004 hearing | 11/25/2008 |
Q: What exactly is a 2004 hearing, what types of things can a non secured creditor ask, how far back ...
A: ANSWER: The 2004 can be held at any location -normally at your lawyers office or the creditors ...
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| Bankruptcy 2004 hearing | 11/25/2008 |
Q: What exactly is a 2004 hearing, what types of things can a non secured creditor ask, how far back ...
A: The 2004 can be held at any location -normally at your lawyers office or the creditors office. They ...
|
| bankruptcy & loan motification | 11/23/2008 |
Q: we had our bankruptcy finalized in January (2008) it was a chap 13. We signed reaffirmation letters ...
A: It sounds like you did Chapter 7. There are no reaffirmations in Chapter 13. Reaffirmations, in ...
|
| Chapter 7 and private student loans | 11/23/2008 |
Q: My ex-wife and I were discharged on December 8, 2007 from all debts that were listed in bankruptcy. ...
A: You would need to bring an adversary during your case to ask the court to discharge Student loans. ...
|
| chapter 7 or 13 | 11/21/2008 |
Q: I am over my head in debt and they are saying they will take me to court over a repossession of a ...
A: You can exempt certain assets depending on where you live. Each jurisdiction varies. Some you have ...
|
| Chapter 13 discharge and sale of house | 11/20/2008 |
Q: I filed for Ch 13 in April 2005. My plan was for 42 months - it's now close to the end of Nov 2008 ...
A: Your case could be running longer if your claims came in higher than estimated. You should request a ...
|
| BANKRUPTCY | 11/17/2008 |
Q: I live in maryland I want to do a bankruptcy. I qualify for ch. 7 and I have not used my credit ...
A: No. The creditors can object for recent usage right before filing, but the fees and interest are not ...
|
| bankrupty and rentals | 11/16/2008 |
Q: My rentals and bed and breakfast properties are my source of income. There is no equity at this ...
A: If you do chapter 13, you can keep them all, since you are paying back debt to protect the assets. ...
|
| Bankrupcty IL-tax refund/house | 11/15/2008 |
Q: I have several questions about bankruptcy in the state of IL. We are well below the means test for ...
A: A tax refund is an asset in the bankruptcy case, and you can only use a wildcard exemption to ...
|
| Re-Open Chapter 7? | 11/14/2008 |
Q: Our Chapter 7 was discharged in May 2006 (Michigan). We were able to keep our house. However, my ...
A: Normally no. If you signed a reaffirmation agreement, the agreement must be rescinded the later of ...
|
| Should I file for bankruptcy? | 11/13/2008 |
Q: I lost 3 houses to foreclosure. I live with my partner, drive his car for work, have almost nothing ...
A: That is a call you need to make. You need to look at your income/expenses to see if it makes sense ...
|
| Foreclosure with a Current Chapter 13 plan | 11/12/2008 |
Q: I live in Mass., and filed for Ch. 13, I have 20 months left on a 36 month plan. I am several ...
A: If you convert the case to Chapter 7, the trustee can liquidate any assets that are not fully ...
|
| CH. 7 | 11/12/2008 |
Q: I live in maryland. My attorney says me and my wife pass the medium income test for the past 6 ...
A: The court looks at all income from all sources for the 6 month window before filing. Now, if there ...
|
| CH. 7 | 11/12/2008 |
Q: I live in maryland. My attorney says me and my wife pass the medium income test for the past 6 ...
A: Your attorney is right. You must not have disposable monthly income left after you pay your monthly ...
|
| Chapter 7 | 11/11/2008 |
Q: If I file Chpt 7 bankruptcy, will the court make me sell my home. My mobile home is paid for and is ...
A: You would most likely need to do Ch13 to protect the equity in your home. Each state has different ...
|
| Discharge with no reaffirmation | 11/10/2008 |
Q: we (My husband and I )filed for bk in Stanislaus county and received a discharge in Mid August 2008. ...
A: At this point you need to work with Capital one on getting the vehicle refinanced, as the debt is ...
|
| Back Taxes And Bankcrupt | 11/10/2008 |
Q: I owe the IRS about $50,000 and I also owe New York State about $18,000. I do have student loans ...
A: You will be subject to the means test calculation based on your local standards for living expenses. ...
|
| repossession judgment | 11/5/2008 |
Q: I have a judgement against me for a repossessed vehicle which I have been paying on for 2 years ...
A: Yes, you can include a judgment against you for a repossessed vehicle in a bankruptcy case. If you ...
|
| Foreclosure/Forebearanc Plan/Chapter 7??? | 10/31/2008 |
Q: My husband and I are in foreclosure on one rental property and two others are following close ...
A: IF you are considering Chapter 7 a thorough review of income and expenses, as well as an asset ...
|
| 13 dismissed in two weeks-options? | 10/30/2008 |
Q: My sister filed a chapter 13 two years ago for her house. She hasn't made her regular payments and ...
A: Once the case is over, or if the mortgage modified the automatic stay before..they would need to ...
|
| Chapter 7 bankruptcy discharged/no reaffirmation of mortgage/foreclosure | 10/30/2008 |
Q: Mr. Leeder; I have a question that I believe has been asked in the past; but I'd also like to add to ...
A: If you did not sign a reaffirmation, and the debt was scheduled in the case, you can walk away ...
|
| Filing bankruptcy on a Joint Mortgage | 10/30/2008 |
Q: I have recently separated from my husband. I moved out of the house, he still lives there. I would ...
A: A bankruptcy can remove your responsibility for the payments of the mortgage. Your cosigner is ...
|
| Chapter 7 and car | 10/28/2008 |
Q: I filed bankruptcy (discharged in Oct. 2002),which included my car. The bank would not reposess my ...
A: Nothing happens to the car title. Your bankruptcy removed your liability for the debt, but the car ...
|
| effect of discharge on non-listed creditor | 10/27/2008 |
Q: Client filed a no-asset Chapter. 7 bankruptcy in 2003. Now, 5 years later, his father is suddenly ...
A: it would depend on the state where it was filed. Some case law says yes, discharged if not listed, ...
|
| mortgage reaffirmation | 10/26/2008 |
Q: I am in an active Chpt 13 Bkrpty and we have a 1st & a 2nd mortgage we did not reaffirm either ...
A: First off, you do not reaffirm debts in chapter 13, only in chapter 7. IF you are in a 13, then stay ...
|
| Desperate - I hope you can help | 10/26/2008 |
Q: shortly after purchasing a car i becamed disabled and couldnt pay for it. I asked them if could ...
A: Your mom is responsible for the debt now that you filed. Normally they cannot send her to jail for ...
|
| Bankruptcy | 10/23/2008 |
Q: If and when I file bankruptcy, does your bank account get frozen? What happens to your assets? ...
A: You can exempt certain assets from bankruptcy. You need to talk with a local attorney about what ...
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| overdue taxes included in bankruptcy | 10/22/2008 |
Q: Recently, I filed bankruptcy that included back taxes for 2004, 2005 and 2006. I am due a refund ...
A: They may keep it and apply it to the debt that is not discharged in your case. Taxes, to be ...
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| bankruptcy | 10/21/2008 |
Q: I have two homes in NY, one is a one family home I live in and the other is a two family home I rent ...
A: To answer your several questions: 1. all debts must be included, so you won't be able to 'keep' ...
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| Personal judgement | 10/18/2008 |
Q: Can a personal judgement be attached to my property and if so can I file Bankruptcy to have it ...
A: yes, a judgment lien can be recorded against the title to property. It may be possible to strip the ...
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| Discharged Chapter 7 and lien on house ready to close | 10/16/2008 |
Q: There are 3 of us on title to house that is now sold and supposed to close this week. I find out ...
A: If they had a judgment lien attached prior to the case, the debt may remain. Occasionally, if the ...
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| Chapter 13 | 10/14/2008 |
Q: We just found out that our chapter 13 was dismissed. Our attorney didn't let us know. Our mortgage ...
A: Yes, you can refile. You will need to show the court on how the next case will be more successful ...
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| Judgement or bankruptcy | 10/11/2008 |
Q: I have a judgement pending against me for a little over 3000.00. I don't have much money and I also ...
A: Filing bankruptcy also involves a budget review, asset review etc. so I cannot give you a quick ...
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| Tuition in Collections | 10/6/2008 |
Q: I have an unpaid tuition bill that has been presented to collections for a semester in which I ...
A: It would be best to negotiate with the lenders as Tuition and tickets are non-dischargeable in ...
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| Taxes and Banckrupt | 9/30/2008 |
Q: If someone owe tax money (state and federal, student loans) and get into chapter 13 to force a ...
A: taxes that are less than 3 years old are paid 100% thru a chapter 13. If older, you might be able to ...
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| civil suit | 9/30/2008 |
Q: "My situation is this: Filed bankruptcy rel, 01-07. Tried to save the home and didn't include it in ...
A: You indicated you 'did not list' the home in bankruptcy. 1. You were supposed to list all assets ...
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| Bankruptcy | 9/28/2008 |
Q: A relative died several months before I filed bankruptcy. I found out later that I may receive an ...
A: Inheritances have to be disclosed to the trustee and court for 6 months after you file the case. ...
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| chapter 7 bankruptcy | 9/26/2008 |
Q: LEEDERS, I NEED SOME ADVICE ABOUT FILING CHAPTER 7 BANKRUPTCY. IN BRIEF, THESE ARE THE PERTINENT ...
A: I only practice law in IL so you should seek out a local bankruptcy attorney to see about your ...
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| Forclosure after Chapter 7 discharge | 9/26/2008 |
Q: I filed a chapter 7 that was discharge in DEC. 07 Since then I did a loan modification with the the ...
A: You cannot go back into the old case to change your intentions. 2 issues, if you signed a ...
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| Surrendering a Vehicle after BK | 9/24/2008 |
Q: Almost four years ago my husband and I filed for Chapter 7. Now we are separated, awaiting a ...
A: If you signed a reaffirmation agreement, then you will be responsible for any deficiency balance ...
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| Question about Chapter 7 | 9/23/2008 |
Q: I live in Texas and have cancer and my bills have gotten out of hand! I do make $80,000 a year and ...
A: Depending on your family size, you might be subject to the means test, an analysis of all income ...
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| Forced to file bankruptcy | 9/22/2008 |
Q: July of 2007, I and my wife filed Bankruptcy Chapter 13. I was informed just today 09/22/08 that my ...
A: The severance package would skew your means test calculation (6mo budget test) so you would need to ...
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| Chapter 7 bankruptcy in IL | 9/16/2008 |
Q: I moved back to my homeown in Herrin, IL in October, 2007. My FL house was on the market for a year ...
A: unfortunately, by paying back family, the court can go back and undue the payments because they were ...
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| either getting out of bankruptcy or lowering the payment | 9/16/2008 |
Q: i filed for bankruptcy in jan"08..the terms of my repayment is too much...since my payment was based ...
A: You need to file a motion to modify your plan if your income has decreased significantly since you ...
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| va home loan and disability | 9/12/2008 |
Q: I forclosed on a house with a VA home loan when i file chapter 7 do i include that and will it iopen ...
A: YOu list all sources in the bankruptcy petition Schedule I for income. As to the means test, social ...
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| Bankruptcy vs Repossession | 9/9/2008 |
Q: I am considering filing bankruptcy due to a divorce a year and a half ago and all the debt that I ...
A: If you don't want the vehicle, you can surrender it and clear the balance, you sometimes can get it ...
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| BANKRUPTCY | 9/8/2008 |
Q: I qualify for chapter 7. I want to know how the court/trustee views money held with a broker in ...
A: The money held in that account is valued on the day of filing. Your state may have exemptions to use ...
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| BANKRUPTCY | 9/7/2008 |
Q: Hypothetically if I qualify for ch. 7 and submit all paperwork and personal information to my lawyer ...
A: The case is effective as of the day your case is filed. Inheritances are assets of bankruptcy for 6 ...
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| Tenancy by the Entirety | 9/7/2008 |
Q: Leeders, My husband filed chapter 7 bankruptcy. Now he has received a letter stating Notice of ...
A: it sounds like the trustee may be trying to sell the home to get to the equity in the home. now, ...
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| Re-filing Chpt 13 after a dismissal | 9/4/2008 |
Q: In IL how soon after a Chpt 13 has been dismissed can it be re-filed. Would I get the same judge and ...
A: You can refile at any time once dismissed if you did not voluntarily dismiss the case (assuming the ...
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| Indiana bankruptcy exempt income | 9/4/2008 |
Q: All of my income is exempt from what I understand. Social security and veterans benefits. If my ...
A: While your income could be determined to be non-attachable, the creditors can still sue you, freeze ...
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| BANKRUPTCY | 9/3/2008 |
Q: Does it make bankruptcy more difficult or complex if by the time I file I'm already two months late ...
A: It will not matter to the bankruptcy case that you are behind in paying the credit cards. I always ...
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| 401-K Loans & Rent to Own products | 9/2/2008 |
Q: My husband and I will be filing a Chapter 13 and we are uncertain about (1) our two 401K loans and ...
A: You should be able to keep the 401k loan repayments, but you will need to add that amount to your ...
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| bk rules | 8/31/2008 |
Q: i now live in pa , i lived in florida last year me and hubby and i had a couple of older mobile ...
A: you may have to disclose the real estate sales. As long as they were fair, and you spent the ...
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| Chase Mod - after Chapter 7 discharge? | 8/21/2008 |
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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| Should I file bankruptcy | 8/20/2008 |
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 |
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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| Withdrawing from a Chapter 7 Petition | 8/17/2008 |
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 |
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 |
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 |
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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| Judgements that wheren't included in ch.7 | 8/14/2008 |
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 |
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 |
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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| Refiling Chapter 13 | 8/12/2008 |
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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| ch 7 - real estate mortgage | 8/9/2008 |
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 |
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 |
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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| Ch 13 Bankrupcy and Judgement lien | 8/6/2008 |
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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| Chapter 13 to Chapter 7 | 8/6/2008 |
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 | 8/3/2008 |
Q: I have a friend who is about to file bankruptcy. I am planning on either loaning her $6000 to get a ...
A: I would recommend not giving her funds or assets just prior to bankruptcy as the court can look at ...
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| chapter 13 and a lawsuit | 7/30/2008 |
Q: My husband and I filed bankruptcy in July 2005, chapter 13. I delivered my 2nd child in January ...
A: Unfortunately you cannot get those debts into the chapter 13. You do have options though. You can ...
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| IS THERE A LIMIT ON HOW MANY TIMES YOU CAN DECLARE BANKRUPTCY? | 7/30/2008 |
Q: eIGHT YRS AGO i CLAIM BANKRUPTCY DUE TO MY SPOUSE BEING INCARCATED AND I FILD DIVORCE. i NOW HAVE A ...
A: There is no total cap on how many times you can file bankruptcy. You must wait 8 years between ...
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| over-stating income | 7/30/2008 |
Q: I regrettably over-stated my income on my last credit application, not considering bankruptcy at the ...
A: Creditors can object for fraud on your credit application, if it was drastically wrong. You will ...
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| bankruptcy | 7/29/2008 |
Q: If someone has to file ch. 13 (not 7 because of excess income) and then maybe a year later his ...
A: You can choose to dismiss your case voluntarily, and yes, all the debt would be then due. The case ...
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| reaffirmations | 7/28/2008 |
Q: We just had our meeting of the creditors. We signed papers to reaffirm our mortgage, car and two ...
A: Yes, creditors will have you drop off the items that secure a debt that you do not reaffirm. You ...
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| bankruptcy | 7/28/2008 |
Q: Question Hi, I am planning on filing for a Chapter 7 bankruptcy soon in MA, but I wanted to know a ...
A: I am licensed in IL so unfortunately do not know MA exemptions. You should speak to a local attorney ...
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| 401k | 7/24/2008 |
Q: I filed chapter 13 two years ago. Last year, I received a job offer in another state and increased ...
A: While you cannot budget for it in your bankruptcy schedules, since all of your 'disposable income' ...
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| Chapter 7 vs. Chapter 13 for disabled vets | 7/24/2008 |
Q: I am a 80% disabled veteran who has become a victim of the mortgage crisis. As my mortgage payment ...
A: The means test is not applicable if you are a disabled veteran with debts incurred primarily during ...
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| Chapter 7 vs. Chapter 13 for disabled vets | 7/24/2008 |
Q: I am a 80% disabled veteran who has become a victim of the mortgage crisis. As my mortgage payment ...
A: Income is a pivotal component to determine what chapter a debtor is eligible for. With chapter 7, ...
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| Recission of Reaffirmation Agreement | 7/23/2008 |
Q: How do we recind the reaffirmation agreement? It is within the 60 day period. Is there a form ...
A: There might be a form you can find online, otherwise just put the legal caption at the top, entitle ...
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| Rule 2004 | 7/23/2008 |
Q: We filed Chapter 7 in Nov. 2007 in Ohio. We were discharged in late April. Today, we recived a ...
A: The trustee does have the right to look at the tax returns and bank statements. Technically, your ...
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| Reopening a chapter 7 bankruptcy | 7/1/2008 |
Q: I filed for chapter 7 bankruptcy and it was discharged on june 16, 2008. We signed a reaffirmation ...
A: You have the right to rescind (Cancel) a reaffirmation agreement within 60 days after you sign it, ...
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| Time before filing again | 7/1/2008 |
Q: ..I really need some help. I'm confused about this new bankruptcy law. I filed a chapter 7 in sept ...
A: Good question. You must wait 8 years from the date you filed your case. So if you filed in Sept ...
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| lien on home and bankruptcy | 6/30/2008 |
Q: My husband filed bankruptcy in 2003, and it was discharged in 2004. An unsecured creditor, which ...
A: If the creditor put the lien on before bankruptcy, then the lien will remain unless you brought a ...
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| Filing bankruptcy but wanting to protect my mother's assets | 6/29/2008 |
Q: Due to some business troubles and medical bills, my husband and I have concluded that filing ...
A: You need to have your lawyer perform an equity analysis to determine what equity there is in the ...
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| Whole life policy | 6/28/2008 |
Q: In chapter 7 bankruptcy, we were told that the cash value of our whole life policy would not be ...
A: As this is cashing out an asset, it would not be considered income for the means test...you are just ...
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| Chapter 7 omitted creditors | 6/27/2008 |
Q: Filed Chapter 7 pro se in Pennsylvania on November 2nd, 2007. Discharged and closed on April 14th, ...
A: Unfortunately, the debts must be listed to be discharged. Now, you need to bring a motion to reopen ...
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| Can my Chapter 13 plan be lowered | 6/26/2008 |
Q: August 2007 I filed bankruptcy to save my house.Im on a 5 year plan paying $200 a month.I was rear ...
A: Unfortunately, chapter 13 cases can be very tricky if you have a major change of circumstances. ...
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| Chapter 7 Bankruptcy | 6/25/2008 |
Q: My husband and I are in the process of Chapter 7 Bankruptcy. We're concerned about getting all of ...
A: Actually, no. To be dischargeable, debts must be scheduled 11 USC § 523. Exceptions to discharge ...
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| BANKRUPTCY | 6/23/2008 |
Q: I'm married to a wife that has 3 jobs and works about 75 hours a week and we have one child. I live ...
A: Unfortunately with the new BAPCPA Amendments to the Bankruptcy code, the court really looks at the 6 ...
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| Co-signer payback | 6/22/2008 |
Q: I filed for bankruptcy and was discharged a year and a half ago. At the time I had a Volkswagen ...
A: Regardless of what you did in your case, your mom, as a cosigner can be held to the contract that ...
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| Auto loan | 6/20/2008 |
Q: I filed chapter 13 bk I have a car loan in which I owe $14,000. I received a copy of the plan and it ...
A: Your chapter 13 plan sounds like you are cramming down the value of your car. You are paying $6500 ...
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| IRS seizure | 6/20/2008 |
Q: My friend is in the process of having a house built. It is almost finished but her builder just ...
A: I am a little confused as to how this relates to bankruptcy. Now, if the builder filed bankruptcy, ...
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| Chapetr 13 to 7 conversion | 6/19/2008 |
Q: I filed a chapter 13 with the intent of being able to make my payments. My income has fallen and I ...
A: You have several options. 1. you can convert the case to Chapter 7, and wipe out the debt..if you ...
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| Default judgement entered during automatic stay | 6/19/2008 |
Q: To make a long story short, i filed bk in dec. 07. I was served with a summons around october 07. I ...
A: Once discharged, the automatic stay no longer applies, so it would violate the discharge order if ...
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| CHAPTER 7 | 6/18/2008 |
Q: MY WIFE AND I ARE FILING CHAPTER 7 BK IN CALIFORNIA, NO PROPERTY JUST UNSECURED CREDIT AROUND THE ...
A: All debts need to be scheduled in bankruptcy. It would be up to the creditor if they wish to extend ...
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| chpt. 7 discharge and foreclosure | 6/17/2008 |
Q: I am asking this because my attorney will not return calls or emails since discharge. I converted ...
A: If you did not sign a reaffirmation agreement after the conversion, then the debt will discharge. ...
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| Chapter 7 and Home Equity Loan | 6/17/2008 |
Q: I have a mortgage and a Home Equity Line of Credit. I filed Chapter 7. I am not in foreclosure and ...
A: Home equity loans & lines of credit are lien's against the property. They have the right to charge ...
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| bankruptcy | 6/16/2008 |
Q: In determining whether someone can file for 13 or 7, for the income/expense report, can someone ...
A: You must disclose all income received in the 6 months prior to your case. if your source of income ...
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| bankruptcy | 6/16/2008 |
Q: Generally, after someone files for 13 in maryland, how much of an income increase will be required ...
A: It would depend on if your chapter 13 plan, or your local rules require you to report increases in ...
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| rental housing | 6/15/2008 |
Q: I CURRENTLY HAVE 18 RENTAL HOUSING PLUS MY PRIMARY HOUSE. 3 OF THE HOUSES ARE IN MY WIFE NAME. I ...
A: You can choose to do Chapter 7 and surrender the properties you do not want. You would be subject ...
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| tax refund | 6/12/2008 |
Q: I received $12,000 tax refund last April. I had it in my checking account, but when I saw ...
A: You have to disclose cash on hand, in the bank, under the mattress etc. in a bankruptcy case, no ...
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| Chapter 13 Bankruptcy | 6/12/2008 |
Q: If we already went to the Trustee meeting- the trustee asked us to step out of the room, that he had ...
A: Your lawyer has the obligation to you to file any appropriate amendments based on reasonable and ...
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| Wage Garnishment IL | 6/12/2008 |
Q: I was wondering if wage garnishment is the only way repayment plan works for Chap. 13 after the ...
A: You may have the option to mail in direct payments to the chapter 13 trustee (at least in Chicago), ...
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| Bankruptcy | 6/11/2008 |
Q: My husband and I filed for bankruptcy in 2004. My student loan of 20 years was placed on their but ...
A: I'm sorry, but you will not be able to discharge student loans. If, during your case, you brought ...
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| Have business - file personal bankruptcy | 6/10/2008 |
Q: I recently opened up my own business a year ago, and my business is growing. My question is i have ...
A: IF you are not incorporated or have an LLC, then the business debts are also your debts and would be ...
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| bankruptcy | 6/10/2008 |
Q: I'm thinking of filing for chapter 7. I live in Maryland. My income is above the mean average so I'm ...
A: Bankruptcy Means testing figures and allowances can be found here. ...
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| dischargeable debt under Chptr 7 | 6/10/2008 |
Q: I get conflicting info online. Your advice will be most appreciated on 3 topics! I'm in California. ...
A: 1. Your judgment would be dischargeable in a chapter 7. 2. You would have to file a motion to modify ...
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| Car Titles - how long does it take to obtain after paid? | 6/9/2008 |
Q: My and I filed CH13 Bankruptcy in Texas in June of 05. We were advised to put or vehicles into the ...
A: If your vehicle was crammed down in the bankruptcy, you will receive them once you get your ...
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| WI Chapter 13 and Tax Refunds | 6/9/2008 |
Q: I filed Chapter 13 in 2005. At the time I went to court I understood the reason for requiring 50% ...
A: Unfortunately, Your chapter 13 plan as required by your case had you turn over the tax refunds into ...
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| bankruptcy | 6/9/2008 |
Q: In either 7 or 13 would they allow me to keep a rental house that is earning negative ...
A: If you qualify for Chapter 7 you can choose to reaffirm the debt (keep it) for the rental. The ...
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| Can't Afford to Remodify Plan | 6/7/2008 |
Q: My husband and I live in Texas and filed for Ch. 13 bankruptcy in July 2005 to attempt to save our ...
A: You must pay out your plan as it is confirmed, the trustee will not automatically discharge your ...
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| bankruptcy | 6/5/2008 |
Q: If me and my spouse make a bit beyond the allowable for chapter 7 but have very large expenses and ...
A: You would normally pay your regular monthly bills on your own. Normally, only the person who files ...
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| bankruptcy | 6/5/2008 |
Q: If me and my spouse make a bit beyond the allowable for chapter 7 but have very large expenses and ...
A: Unfortunately, I don't think it is fraudulent that you bought land which you can no longer sell ...
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| joint loans and credit rating | 6/4/2008 |
Q: I've annulled my marriage to a person I have two joint home loans with, one our main home and two a ...
A: You can list the debts in the case. It would remove your liability for the loans. He will just have ...
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| Bankruptcy | 6/4/2008 |
Q: I was wondering if when a person files for bankruptcy if the lawyer is required by law to send a ...
A: First of all, the bankruptcy court clerk sends the bankruptcy notices out, not the attorney. No ...
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| Chapter 7 Discharge | 6/4/2008 |
Q: My husband filed chapter 7 in 2004 and the bankruptcy has been discharged. We live in Alabama. He ...
A: Household may have had a judgment lien against your husband, that was recorded by the county. ...
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| Filed as individual 3 years ago | 6/3/2008 |
Q: About 3 years ago I filed chapter 7 as an individual because I wasn't married. Now i'm married and ...
A: Unfortunately, you cannot file chapter 7 bankruptcy again until 8 years from the date you filed ...
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| CH 13 | 6/2/2008 |
Q: If someone files 13 and shortly after either he gets a large increase in income or on the other ...
A: If you bring a motion to modify the plan to surrender your interest in the properties, the court ...
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| CH 13 | 6/1/2008 |
Q: If someone files 13 and shortly after either he gets a large increase in income or on the other ...
A: Normally, unless otherwise ordered by the court, you do not need to report a positive change in ...
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| House after BK discharge | 5/31/2008 |
Q: I called the bank to see if there is anything else I need to do with my house and they said I should ...
A: Either way, the bankruptcy discharged the debt. You can always sell the home up until the ...
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| lien on home | 5/31/2008 |
Q: I am in the middle of filing chapter 7 bankruptcy and when i went to meet with the trustee she said ...
A: You need to check the title to the property. It might not be a lien from your mortgage. If you ...
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| chapter 7 | 5/30/2008 |
Q: I heard that if someone does not qualify for chapter 7 because of too much income they might still ...
A: If you have greater expenses than allowed under the means test, you can petition the court to allow ...
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| CHAPTER 7 BK | 5/30/2008 |
Q: I HAVE A MOTORCYCLE THAT I HAVE TO CLAIM ON MY BK, BLUE BOOK VALUE FOR IT IS $6000 BUT I OWE $15000. ...
A: You have 3 choices in chapter 7 bankruptcy. 1. Surrender the vehicle and eliminate the debt. 2. You ...
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| bankruptcy | 5/29/2008 |
Q: Does chapter 13 allow the person to save money each month after paying the agreed on amount? Also, ...
A: in theory, all your disposable income is accounted for in the plan. If you work overtime, or can ...
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| adversary proceeding | 5/29/2008 |
Q: My parents, aged 78 and 74, were forced to file bankruptcy in April 08, after my mom's second ...
A: Creditors can object for recent usage just prior to a bankruptcy, and Chase has done so. Usually, ...
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| bankruptcy | 5/27/2008 |
Q: My husband and I are getting a divorce. We filed for bankruptcy about 2 years ago. Our bankruptcy is ...
A: With divorce, the responsibility for the bankruptcy payment is equally yours and his. Now, you can ...
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| means test bankruptcy calculation | 5/27/2008 |
Q: I have no secured debt, but approx. $92000 in unsecured debt including student loans. I know the ...
A: The means test is based on your household size, and all income received for the household. Now, you ...
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| student loan debt | 5/26/2008 |
Q: In 2004, I took out two student loans one with AES and the other one I thought with Suntrust (on my ...
A: Unfortunately, all educational debts are non-dischargeable in chapter 7. You may consider a ...
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| bankruptcy | 5/26/2008 |
Q: i files ch13 bankruptcu in september 2007 and i need to find out if i can go back to my attorney and ...
A: You can always convert to Chapter 7 if you haven't filed a chapter 7 in the last 8 years. Keep in ...
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| lien against property | 5/24/2008 |
Q: I live in Tn & filed BK in '04. All the debt was from a previous divorce in '00 that I was co signer ...
A: This will depend on when the creditor put the lien on your home. If it was done after your case, ...
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| Getting married, possible spouse bankruptcy | 5/23/2008 |
Q: I am set to be married soon, and while my credit is stellar, my fiancee's is at rock bottom. He has ...
A: If he files bankruptcy before you get married, your credit score would not change. You are correct ...
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| BANKRUPTUCY | 5/23/2008 |
Q: Hello i had a friend that filed bankruptucy over 2 years ago And she was looking to by a car And ...
A: That is strange. If she has her bankruptcy notice, she can send a copy and a letter to the three ...
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| bankruptcy | 5/22/2008 |
Q: I heard on the news a woman filed for bankruptcy and then she failed to pay a $300 payment to a ...
A: I did not hear that story. I'm sure there is more to it than that. Perhaps she was in chapter 13, ...
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| foreclosure | 5/22/2008 |
Q: My chapter 7 was discharged in 11/2005. I did not reaffirm the mortgage and it does not report on my ...
A: none. Your debt is technically discharged thru the bankruptcy. You can walk away and not owe ...
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| assets in bk | 5/22/2008 |
Q: are both 401K's and IRA's exempt from chpt 7 in IL? Also, while credit is still in good standing ...
A: Yes, there are exemptions for IRA's and 401k in IL to protect them 100% in IL. All debts, including ...
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| Bankrupcy and equity in rental and personal property | 5/21/2008 |
Q: I currenty have 4 credit cards with about 25K in balances as well as medical bills for about 5k. I ...
A: You should meet with a local bankruptcy lawyer. Since you do have assets, the attorney can do a ...
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| Chapter 7 Bankruptcy-Home Equity | 5/19/2008 |
Q: My Chapter 7 bankruptcy has been turned over to a Trustee due to the equity in my home. My attorney ...
A: The trustee, if they win, can put your home on the market to sell. once they sell, they will pay the ...
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| Impact of Ex's Bankruptcy | 5/19/2008 |
Q: Divorced April 2007 after 23 years. I receive permanant alimony. I pay child support. Ex has ...
A: You should have received notice. if the debtor fell behind after the case was filed, you should ...
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| Impact of Ex's Bankruptcy | 5/18/2008 |
Q: Divorced April 2007 after 23 years. I receive permanant alimony. I pay child support. Ex has ...
A: 1. The date of the intial filing is the effective date of the bankruptcy. 2. Child support arrears ...
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| bankruptcy | 5/17/2008 |
Q: Assume I personally qualify for chapter 7 and all mortgages and debts are under my name only and our ...
A: Yes, this is a joint bank account, that each party has access to. Also, it may depend on if your ...
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| Chapter 7 Bankruptcy - Reaffirming Debts | 5/17/2008 |
Q: I am in the middle of Chapter 7 Bankruptcy. We have had the meeting of the creditors (30 days ago) ...
A: You would have to sign an official reaffirmation agreement. Your attorney should contact the ...
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| Bankrupcy | 5/15/2008 |
Q: I have no equity and am 46 yrs. old and owe about 30,000 to credit cards. I really want to pay it ...
A: Chapter 7 bankruptcy would discharge the debt within about 90 days if you don't have a lot of ...
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| ch.13 bankruptcy dismissal--refiling | 5/15/2008 |
Q: The Ch.13 Trustee moved for a dismissal of my case due to my moving out of state. I had moved before ...
A: You can refile in your new location, as long as you have been in the new location for at least 91 ...
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| Bankruptcy | 5/15/2008 |
Q: Almost 2 years ago, I filed for Chapter 7.At that time was told it would take 4 months tops and I ...
A: I am slightly confused. You said you 'filed' your chapter 7 2 years ago. Did you just hire the ...
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| BANKRUPTCY | 5/14/2008 |
Q: If I qualify for chapter 7 and since 3/3/08 I've incurred $1,800 of credit card usage, how does that ...
A: Creditors can object for recent usage within 60 days of the filing. Also recent cash advances or ...
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| lost job in chapter 13 with home | 5/14/2008 |
Q: Already in chapter 13,home included. Husband lost his job. Can I save my home by filing chapter ...
A: Unfortunately, Chapter 7 will not do anything to save the home. That is a debt liquidation ...
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| Chapter 7 Bankruptcy | 5/13/2008 |
Q: My husband and I Filed a chapter 7 bankruptcy 6/05 and were discharged 11/05.In 2007 we wanted to ...
A: If you did not reaffirm the mortgage, technically it was discharged thru the bankruptcy case. So, ...
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| Repossession after my chapter 7 Bankruptcy | 5/12/2008 |
Q: and I purchased a vehicle after the discharge, but I lost my job nine months later in I was unable ...
A: no. Since the debt was incurred after the date of your previous bankruptcy case, then this is a new ...
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| Bankruptcy Chapter 13 | 5/10/2008 |
Q: I filed bankruptcy in July 2006, chapter 13. At that time our mortgage was late and was included in ...
A: A creditor can only report truthful facts on a credit report. If you were 120days behind when you ...
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| Chapter 7 bankruptcy? | 5/9/2008 |
Q: I am thinking about filing for Chapter 7. However, I have an auto loan that my father is the ...
A: While the debt does need to be listed in your case, you can reaffirm the debt to stay responsible ...
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| Chapter 7 & Corporate Credit Card | 5/8/2008 |
Q: My husband and I are reviewing our options but need to find out if his corporate American Express ...
A: If there is a balance, then it would need to be included if he was the signer on the original ...
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| Chapter 7 | 5/7/2008 |
Q: I spoke with an attorney about filing chapter 7 , I am married and I am the only one who will file. ...
A: Recent usage on any one card within 60 days over $600 is deemed automatically nondischargeable. ...
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| chapter 7 | 5/7/2008 |
Q: I had 4 rental properties discharged and countrywide is still sending me forcloser papers so i ...
A: Foreclosure is not debt collection, it is how a lender transfers title to the real estate, hence you ...
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| liquidation | 5/6/2008 |
Q: Why do liquidation usually results in losses for the creditors or owners or both? please give me ...
A: A chapter 7 liquidation eliminates unsecured debts. Only un-exempt assets are subject to ...
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| Ch 13 question-Surrendering my vehicle | 5/1/2008 |
Q: I filed CH 13 July 2007 by myself my husband did not file with me but since we are in a Community ...
A: Sorry, no. any funds paid to the trustee are paid to the creditor, and will not be returned. If you ...
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| Lein against an bankruptcy | 4/30/2008 |
Q: Our bankruptcy case was closed in April 3rd, 2002. In it we had our home mortgage that we ...
A: If you had a judgment against you, and they filed a lien against the home, the lien will stay on, ...
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| consequences for dismissal of chapter 7 | 4/30/2008 |
Q: My husband and I are about to file for Chapter 7 in California. We wanted to do it without a lawyer ...
A: Generally, if dismissed, you can refile right after the dismissal unless there was some specific ...
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| A bunch of repo ?'s until BK filing is complete - Illinois Law | 4/29/2008 |
Q: I am in the middle of filing chapter 7, mostly due to an injury where I broke my neck among other ...
A: Illinois is a self help state, meaning the creditor can repo the car if you are in default, ...
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| fild chapter 7 over a year ago, creditor never came to get a vehicle.. | 4/28/2008 |
Q: I filed chapter 7 over a year ago and filed on a car. I sent a paper saying where the car was and ...
A: If you wish to surrender it, and the creditor hasn't picked it up after you have contacted them, you ...
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| inheritance included in bankruptcy | 4/28/2008 |
Q: My husband and I are in a financial crisis. We have several rental home in Arizona (we live in ...
A: Chapter 13 will be designed to protect all of your assets. You would pay back enough of your ...
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| Income Tax | 4/28/2008 |
Q: I filed chp 13 in Aug 2007. I did not surrender my tax refund for 2008 simply because i didnt know i ...
A: It sounds like your chapter 13 plan is not feasible...meaning you do not have enough income to pay ...
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| Surrendering home in Bankruptcy, | 4/26/2008 |
Q: First off, I want to thank you in advance for your answer. You are very helpful and I have learned ...
A: In my experience, future creditors will see that the bankruptcy discharged the debt thru the case. ...
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| bk | 4/25/2008 |
Q: i am going to have to file a chapter 13 i think. but my business license has been suspended and i ...
A: It sounds like you need to meet with a local bankruptcy attorney to see what options you have. A ...
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| Re-affermation blunders | 4/25/2008 |
Q: My wife and I files pro-say Chapter 7 in 04. It was discharged in 05. Ive been having trouble with ...
A: Reaffirmations have to be entered while the case is open. Theoretically, it is possible to reopen ...
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| Chapter 7 Bankruptcy | 4/23/2008 |
Q: My husband is in the process of filing Chapter 7 Bankruptcy, the only thing we have jointly together ...
A: He may surrender it if he chooses to, he can also just catch up on the terms. It will still be his ...
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| BANKRUPTCY | 4/23/2008 |
Q: If I filed bankruptcy because of inability to meet my debts will they go after my primary home - it ...
A: If you have no equity, your home will not be sold thru bankruptcy, and you can keep it as long as ...
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| Amend Bankruptcy Filing | 4/21/2008 |
Q: What are the implications to my husband if he goes to an attorney and asks to open his discharged ...
A: bankruptcy documents are filed 'under oath' so he must tell the truth, otherwise he is subject to ...
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| Bankruptcy | 4/20/2008 |
Q: I am going to file bankruptcy next month, I am married and I will be filing alone, that is my wife ...
A: While you may have 2 vehicles and still file bankruptcy, it can come down to valuations and who's ...
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| Reorganization? What to Do? | 4/18/2008 |
Q: My partner and I created an LLC in 2006. We took out 4 credit cards and two loans, one against his ...
A: Tough call. Since he signed personal guarantees and put lien on his home, the creditors can pursue ...
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| Reaffirming a mortgage | 4/18/2008 |
Q: I filed CH 7 two years ago and decided to keep my house I have made every payment on time but a ...
A: At this point, the only way to get 'credit' for your payments is to refinance and start on a new ...
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| Median income | 4/17/2008 |
Q: Could you please tell me, or point me to a web site, that shows what the median income limit for a ...
A: Here is the link to the UST trustee site, where you can review your state figures. ...
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| Repo before filing | 4/17/2008 |
Q: If a vehicle is repossessed 2 days before filing, Can you get it back and include it in your ...
A: Sometimes, you may be able to have the lender give the vehicle back if you are filing chapter 13 and ...
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| Trade in or surrender car? | 4/16/2008 |
Q: I filed chap 7 last year and was discharged in March 07. I decided to keep the vehicle but my lawyer ...
A: IF you have not signed a reaffirmation, you can walk away from the car and not owe another penny. ...
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| Non-Reaffirmation of Cars | 4/16/2008 |
Q: We filed bankruptcy in 06 and asked to reaffirm on our cars. The lenders sent us reaffirmation ...
A: Technically, yes, they can take the cars since you did not reaffirm the debt. In reality, they ...
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| Chapter 7 vs 13 | 4/16/2008 |
Q: I live in CA and have an income over the amount allowed by the means test, aprox. 80K per year. I ...
A: Chapter 7 may be available, depending on your expenses, taxes, insurance etc and depending on your ...
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| BK Fees | 4/16/2008 |
Q: Terry, Considering either a Ch 7 or Ch 13. An attorney I spoke with stated that his fees (not court ...
A: I charge fees for Chapter 7 based on the complexity of the case. There is no limit. In Illinois, ...
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| Bankruptcy | 4/15/2008 |
Q: Ten years ago I was going through a hard financial time and took out a few loans. After taking them ...
A: Bankruptcy is definitely an option, since it has accelerated to lawsuit. The creditor can garnish ...
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| reaffirmation deal | 4/15/2008 |
Q: I filed Chapter 7 Bankruptcy last year and managed to hold on to my home. I checked a box in the ...
A: A reaffirmation is a document signed by the creditor, the debtor, and usually the debtor's attorney. ...
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| Bunsiness Close, File personal Bankruptcy | 4/14/2008 |
Q: I started a business (Apparel),Signed a lease with Atlantic LLC. for 3 years. After 5 months of ...
A: If you followed your state's dissolution process (liquidating the assets, paying creditors etc.) and ...
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| saving my home throough bankruptcy | 4/13/2008 |
Q: I am a 100% disabled veteran due to combat connected disability. My disability status was just ...
A: Chapter 13 will be designed to bring the loan current, and pay back a percentage of your other ...
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| LLC Bankruptcy | 4/13/2008 |
Q: I have a LLC that is not competing well in todays market. Funds are depleted and business is very ...
A: It would depend on if you have any personal guarantees on those debts. While technically a separate ...
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| Re-opening Chapter 7 | 4/13/2008 |
Q: I filed Chapter 7 Bankruptcy last year and the case was discharged. The case was closed on December ...
A: Your mortgage is already in the bankruptcy. The issue is if you signed a reaffirmation agreement or ...
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| Foreclosure and my credit | 4/12/2008 |
Q: Our house is in my wife's name and we can't afford to pay for it anymore, if the house is in ...
A: I am not sure if you are asking about bankruptcy...?? IF you both file bankruptcy and surrender the ...
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| bankruptcy dismisal | 4/11/2008 |
Q: We have filed 13 and paid for 21/2 years my husband lost his job due to downsizing. we didnt file on ...
A: Your house actually was 'in' the chapter 13, but the plan said you would make direct payments on it. ...
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| surrendering home in Chapter 7 | 4/11/2008 |
Q: My parents are about to file for Chapter 7. They cannot afford their home with their current income ...
A: Yes. When a home is surrendered in bankruptcy, the trustee has the first option to sell it. If they ...
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| cosinger on car loan | 4/10/2008 |
Q: i have a cosinger on my car loan i filled chapter 7 what will happen to my cosiner is he responcible ...
A: Your cosigner is responsible for the debt. They can negotiate a payment plan with the creditor, but ...
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| Divorce Decree Judgment and Bankruptcy | 4/10/2008 |
Q: My husband ex wife has done everything in her power to make our life miserable. I have a couple ...
A: Couple issues here: 1. you can bring a motion to reopen a case, there is a court fee to do so. Then ...
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| filing chapter 7 again | 4/10/2008 |
Q: I want to know if I was discharged from a chapter 7 in 2003 or 2004, can I in 08 file again for a ...
A: Chapter 7 is only available again 8 years from the date you filed your last chapter 7. So, here, ...
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| REOPENING CH.7 | 4/8/2008 |
Q: I filed for ch. 7 in dec. of 05, and was and received my discharge (no asset estate) in march of ...
A: You will have to pay the court fee to reopen your case. You will need to bring a motion to reopen, ...
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| Chapter 13- Child Support | 4/7/2008 |
Q: I filed a Chapter 7 back in 2003 and due to unemployment I am in need to file a chapter 13. However, ...
A: Good question. In Chicago, one of the bankruptcy judges just ruled on this issue, and ruled that ...
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| bankruptcy | 4/7/2008 |
Q: I am in the process of filing chapter 13 and have not raised the money yet. I recently had a ...
A: Depending on if you own Real estate, if you do not, the creditor will look to garnish wages or ...
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| home in chapter 13-need to sell | 4/6/2008 |
Q: TERRY, WE ARE IN THE 3RD YEAR, I THINK OF OUR CHAPTER 13 BANKRUPTCY. WE HAVE OUR HOME AND MEDICAL ...
A: You need to bring a motion in bankruptcy case to get approval to sell. Your attorney should help ...
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| bankruptcy | 4/6/2008 |
Q: I'm an expert in several other categories but this is far from my specialty. My father is 71 years ...
A: In short, all debts must be listed in bankruptcy cases. Bankruptcy is an option if current monthly ...
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| Employer Files Bankruptcy on Wages | 4/3/2008 |
Q: My husband worked for an unincorporated business. He was owed $7500. To pay of some of the debt, the ...
A: Unfortunately, transfers just before a bankruptcy can be undone, so that the asset can be liquidated ...
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| Seizing assets | 4/2/2008 |
Q: Before we lost a third of our income, I purchased a dell laptop through my credit at Dell, and a ...
A: Each state has exemptions to use for protecting your assets, so speak with a local attorney on what ...
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| How to remove a lien on property after a Bankruptcy | 4/1/2008 |
Q: In February of 2004 we filed for Chapter 7 protection in central Illinois. As a precursor to the ...
A: if a lien was put on the home before the bankruptcy case was filed, then you would have to bring a ...
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| Stimulus payment | 3/31/2008 |
Q: One of the other lawyers stated that as of right now, it is unclear whether or not the stimulus ...
A: Hard to say. I thought that I read that this is just a tax credit for 2008 tax year, but are paying ...
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| Bankruptcy | 3/31/2008 |
Q: My husband filed Chapter 7 bankruptcy in ohio in 2002. I have never filed, but need to file now. ...
A: you can do any of the scenarios. You can file a joint ch13, or you can file CH7 and he can either ...
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| Bankruptcy | 3/29/2008 |
Q: My husband and I filed bankruptcy in l999 we received the final degree 12/99. We are both ...
A: For chapter 13, you need to show the court that you have enough cash flow to afford your monthly ...
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| 2 questions | 3/28/2008 |
Q: 1) I have a bankruptcy discharged in April of 2001. One of the discharged debts was originally a ...
A: Sorry Lenn, She can enforce the divorce decree to still make you pay the debt even though it was ...
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| Divorce-spouse bankrupt & home claim | 3/27/2008 |
Q: Divorced 2 yrs ago. House released to ex-spouse w/quit claim but required to remove my name. Ex sp. ...
A: If she does it after Bankruptcy, then it won't be an issue. If she does it before the case, she ...
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| Reaffirmation of mortgage | 3/27/2008 |
Q: Just over a year ago we filed Ch. 7 -discharge was in May 07. We tried to reaffirm our mortgage thru ...
A: Unfortunately, you cannot force a creditor to reaffirm. This happens more often than you would ...
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| Reaffirming mortgage loans in Chap. 7 | 3/25/2008 |
Q: Leeders, I have a question for you regarding reaffirming mortgage loans in a Chapter 7 bankruptcy. ...
A: Although you are not required to reaffirm, the debt is discharged otherwise if you don't. You can ...
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| is chapter 13 right for me? | 3/23/2008 |
Q: my name is John, I am 46 years old and am on disibility, have been since 1999. I receive Social ...
A: Those are just a list of things that a creditor might do, in general. Of course, they would have to ...
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| Chapter 7 bankruptcy and foreclosure | 3/11/2008 |
Q: July 2007 my chapter 7 bankruptcy was discharged. I did not sign a reaffirmation with my mortgage ...
A: If you did not sign a reaffirmation agreement, you can walk away from the home and not owe another ...
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| discharged bankruptcy | 3/9/2008 |
Q: Can I add my car to my discharged bankruptcy, it was discharged in 7/06 or 05 I not sure. But I am ...
A: You should speak with your attorney. If you signed a reaffirmation agreement, then you are on the ...
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| Credit Report | 3/8/2008 |
Q: My Bankruptcy was discharged in 2005. In my credit report, the Bankruptcy is listed along with all ...
A: Your bankruptcy will show on the report for 10 years. Your debts that were included in the case ...
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| chapter 13 | 3/6/2008 |
Q: My wife and I surrendered our home in a chapter 13 bankruptcy.Is this considered a foreclosure with ...
A: The bankruptcy will just eliminate the debt for you. The lender will have to foreclose to transfer ...
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| Bankruptcy and Deed of Trust | 3/4/2008 |
Q: My boyfriend and I are both on the Deed of Trust to our home. However, the home is financed in his ...
A: You must list the asset, and associate it with the lien. This will help show the court what equity ...
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| Chapter 7 reopen for newly discovered assets | 3/4/2008 |
Q: Our Chapter7 was discharged 1-04. On the schedules we erroneously did not put on the Schedule a ...
A: You have to reopen the case, as it was an asset of the bankruptcy. You may have exemptions ...
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| Personal loan dischargeable in bankruptcy? | 3/1/2008 |
Q: My wife got an unsecured personal private loan from Wells Fargo Bank in 1999. The purpose of the ...
A: The bankruptcy law states any debt for "educational purposes" is nondischargeable unless you can ...
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| proof of claim | 2/28/2008 |
Q: I had a lease with option to buy contract with individual who is now filing chapt 13. I ended up ...
A: claims for broken lease and damages would be an unsecured debt. You will be paid pro-rata with all ...
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| Chapter 7 bankruptcy. | 2/26/2008 |
Q: Terry thanks so much for your help. My case was a pre petition personal injury lawsuit. at 341 ...
A: Booth, The trustee can go back in, so to speak, if there was an error. Since it was not known that ...
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| Chapter 7/Re-finance | 2/26/2008 |
Q: I am currently in the process of re-financing my home which I just bought 7-07 and everything going ...
A: Assuming you didn't put a lot of money down on the home, you should be ok. Talk with your lawyer ...
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| What to do? | 2/25/2008 |
Q: Terry, I co-own a 2 unit with my brother. I had lost my job in October and have been unable to ...
A: Bankruptcy can help you get caught up on the default amount. you can always sell the property ...
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| bankruptcy and reaffirmation-Kansas | 2/25/2008 |
Q: In 2004 my husband and I filed for chapter 7 bankruptcy. We decided to reaffirm our home loan and a ...
A: If the creditor does not have a valid reaffirmation and if one wasn't filed with the court, you ...
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| Should my husband declare bankruptcy? | 2/22/2008 |
Q: My husband's wages are being garnished for a defaulted loan from 1999(before we were married). The ...
A: These types of debts are dischargeable in a bankruptcy case. Once the case is filed, the garnishment ...
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| bankruptcy | 2/21/2008 |
Q: The trustee has put a hold on my tax refund of $4,172.00. I was told it would be sent to the ...
A: Each jurisdiction differs on how much of your tax refund can be protected. Speak with your lawyer ...
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| medical bills and chapter 7 | 2/20/2008 |
Q: Can I include medical bills that are in my wife's name but through "my" insurance plan on my chapter ...
A: You may list them, but since they are your wife's debt, she'll still be responsible for the payment ...
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| canceling chap 13 | 2/20/2008 |
Q: thinking about canceling chap 13 what will the creditors do that i have filed on? Also will they ...
A: If your chapter 13 case is dismissed, then the creditors can pick up collection action. You should ...
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| When should I file ? | 2/19/2008 |
Q: I really don't know when I should file because I have a pending income tax refund, I cannot afford a ...
A: Obviously, I would always recommend hiring an attorney to help plan and file your bankruptcy. Tax ...
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| will bankruptcy help me | 2/18/2008 |
Q: I am researching my financial options. i am married and my husband and i file taxes seperatley and ...
A: First off, Student loans are non-dischargeable in bankruptcy. Cosigned debts will still be your ...
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| Bankruptcy & tax refund issue | 2/18/2008 |
Q: Leeders, My situation is that I had $20,000.00 of credit card debt. I had the credit card for many ...
A: This is a very common scenario. (and popular question!) Each state has exemptions to protect tax ...
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| School went Chapter 7; what happens to us? | 2/17/2008 |
Q: The school that my husband has been going to has recently gone bankrupt under chapter 7 title 11. ...
A: You have the right to file a claim for the amount you paid in, that you haven't used yet (for ...
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| discharged chapt. 7 & structured settlement | 2/16/2008 |
Q: My chapter 7 bankruptcy was discharged in July 2005. This week I went to court to get approval for ...
A: The trustee can offset any un-exempt portion of the injury settlement. (each state's exemptions ...
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| For chapter 7, is gift income? Tax refund all mine or split with wife? | 2/15/2008 |
Q: I'm filing Chapter 7 bankruptcy individually, due to business debts that are from personal ...
A: You must disclose contributions to the household expenses, from your father, from your wifes job if ...
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| Tax Refund after filing Bankruptcy | 2/14/2008 |
Q: I have a question? Will I get my full tax refund? I filed Bankruptcy in 2006. Also do I need to add ...
A: You should ask your lawyer about the refund. Each jurisdiction is different, and may depend on when ...
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| Reaffirming Mortgage | 2/13/2008 |
Q: I am a mortgage broker who’s company recently went under. I am now working for a debt consolidation ...
A: Normally, both liens stay on your home. You should discuss with your lawyer the possibility of ...
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| Chapter 7 & Saving Home | 2/13/2008 |
Q: We were recently discharged on a chapter 7 and were able to save our home. My son who had lived ...
A: A motion to modify, if granted allows the creditor to deal directly with the purchasers, it does not ...
|
| Ch 7 Bankruptcy - Amend | 2/13/2008 |
Q: What exactly do I need to do to add old bills to my Ch 7 bankruptcy? I'm doing this on my own ...
A: If your case is still open, you need to file the amended schedules with the bankruptcy clerk. This ...
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| judgment 2002 | 2/12/2008 |
Q: Is there a way to have a judgment removed from credit report? We filed bankruptcy but it is still ...
A: The fact that the judgment occurred will stay on your report 7-10 years. The bankruptcy removed ...
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| Use tax refund to file bankruptcy? | 2/12/2008 |
Q: My husband and I have been planning to declare bankruptcy this year using our tax refund. Recently a ...
A: I would follow the judge's orders. Now, if you file the bankruptcy case before you file your tax ...
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| BANKRUPTCY AND tAX REFUNDS | 2/10/2008 |
Q: My step-daughter is about ready to file bankruptcy. For 2006, we have the option of claiming her ...
A: You need to be careful here. Speak with her attorney and your tax preparer. Are you asking about ...
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| Ch 13, unfiled returns | 2/8/2008 |
Q: My husband and I got married in 2003, so we filed a joint return that year and still owe unpaid ...
A: If I follow you correctly... Chapter 7 will not discharge any taxes if the returns are not filed, or ...
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| can I amend my discharged bankruptcy | 2/7/2008 |
Q: I had a chapter 7 bankruptcy discharged in Oct. '06 and some medical bills are coming back to haunt ...
A: You may be able to reopen the case. The debt must have been incurred before the date your case was ...
|
| Bankruptcy/tax returns | 2/7/2008 |
Q: I have a lot of credit card debt and no assets. I have no money to pay on the debt and they are ...
A: The bankruptcy reform laws from 2005 require debtors to tender paystubs and tax returns to the court ...
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| Buy a new house | 2/5/2008 |
Q: I recently got married in the middle of filing a Chapter 13 bankruptcy. I am paying back 100%. My ...
A: If you are wishing to purchase the home, or wish to do so jointly, then you need court approval ...
|
| Bankruptcy | 2/5/2008 |
Q: I recently filed for bankruptcy within the last two year and I wanted to know if there is any ...
A: there are many lenders that are willing to help you out. Try Fresh Start Partners. These are lenders ...
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| Chapter 7 and Lump sum SSDI payment | 2/1/2008 |
Q: My daughter applied for SSDI over 2 1/2 years ago. Her husband left her 2 years ago. Their divorce ...
A: Yes, she would disclose it. Her attorney will use state exemptions to protect it. She should not ...
|
| Motion for Deficiency | 1/31/2008 |
Q: I live in Ohio. Filed Ch.7. Surrendered our condo to the trustee, he abandoned the property,it went ...
A: If you listed the debt in bankruptcy, then the bankruptcy discharged your obligation for this debt. ...
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| chapter 7 and tax refund | 1/31/2008 |
Q: i live in wisconsin a few years back i was involved in a car accident. the womens attorneys sued for ...
A: Each state has exemptions to protect assets. You should meet with a local bankruptcy attorney to ...
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| Filing taxes post bankruputcy discharge | 1/30/2008 |
Q: I have completed a Chapter 7 bankruptcy during 2007. I am unsure how, or if, I am required to report ...
A: As far as I know, there are no special deductions or exemptions to list when filing your taxes in ...
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| Getting out of Bankruptcy | 1/30/2008 |
Q: I need to know how can refinance my home loan andget out of bankruptcy.
A: I assume you are in chapter 13 bankruptcy. You will need to seek out a lender and get a proposed ...
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| chapter 7 questions | 1/28/2008 |
Q: My wife and I recently filed chapter 7(with an atty).I would like to know if I can talk to a lender ...
A: If you do not reaffirm, then there is no negotiation with the lender. The reaf may have better ...
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| Chapter 7 | 1/28/2008 |
Q: Went in for a consultation for chapter 7 but new questions arise after the consultation. 1. Been in ...
A: 1. You would need to still file in SC for 90 days after you move. 2. List all assets, and your ...
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| chapter 13 | 1/27/2008 |
Q: I have about 22,000 in unsecured debt. All very high interest rates (cc's and 3 personal loans). I ...
A: With Chapter 13, you would pay back anywhere from 10-100% depending on your income, and depending on ...
|
| Chapter 7 | 1/26/2008 |
Q: I have filed Chapter 7 and included my home (in Georgia). The mortgage attorney has a court date of ...
A: Once tyhe stay is modified, the lender will start the foreclosure process. Foreclosures can be up ...
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| Bankruptcy, Marriage and IRS | 1/25/2008 |
Q: I have almost 2 years with my husband. He decided to file a Chapter 7 because he created a ...
A: 1. A cosigned debt is equal responsibility. So, whatever your husband doesn't pay, you will be on ...
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| bankruptcy and my home | 1/24/2008 |
Q: OK, lets see if I can keep this short and still start at the beginning. Seven years ago, my ...
A: Each state has exemptions to use to protect assets. Depending on the value of your home, your ...
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| Judgement | 1/22/2008 |
Q: I recently sued someone for causing a lot of trouble for me resulting in me being arrested. I won ...
A: Not necessarily. If he is doing chapter 13, then you can file a claim and receive a portion of the ...
|
| Bankruptcy | 1/22/2008 |
Q: I have recently Quick Claimed my brother a small parcel of property in MI. I live in AZ and am ...
A: It would be something to review with your attorney. Transfers of real estate have to be disclosed ...
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| Chapter 7 | 1/20/2008 |
Q: I live in Florida and am wondering if I can file a chapter 7 on my own or does the new law state I ...
A: You are not required to have an attorney, although it is highly recommended. You should file any ...
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| Ex-Wife filed for Ch 7 and Included the house | 1/19/2008 |
Q: my Ex- wife just filed for Ch 7 including all her Creditcards and also she included the First Mtg. ...
A: You can keep the property, and would have the right to the rental income. Your divorce decree would ...
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| bankruptcy and morgage | 1/19/2008 |
Q: we filed bankruptcy and somehow the house was never reaffirmed now we paid on this monthly until 3 ...
A: With no reaffirmation, the debt discharges thru bankruptcy. Their mortgage lien stays on the ...
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| debt | 1/17/2008 |
Q: This may not exactly be a "law" question but you obviously know a lot about money so that's why I'm ...
A: You may want to contact the US department of Education first, as there are benefits to be able to ...
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| Chapter 7 | 1/17/2008 |
Q: My exwife borrowed $28,000.00 against my credit card after our divorce. I cannot repay this because ...
A: Yes, Chapter 7 bankruptcy is an option to discharge the debt. You need to be careful of the ...
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| Chapter 7 Bankruptcy and Car Loan | 1/15/2008 |
Q: My husband and I were just discharged of our Ch 7 bankruptcy in December. Along with the bankruptcy, ...
A: The car note is probably being reported as discharged on your report since you did not sign the ...
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| Really need to know....... asap pls.....? tnx | 1/15/2008 |
Q: i really need to know as soon as possible what chapter 7 and chapter 13 really is in layman's ...
A: the short answer is that Chapter 7 discharges unsecured debts and Chapter 13 is where you pay some ...
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| Asking for motion to incur debt | 1/14/2008 |
Q: I saw the answer you gave the previous person who asked about getting a mortgage while in a chapter ...
A: There is no form per se, but you need to draft a motion to request permission to purchase the home. ...
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| Bankruptcy | 1/12/2008 |
Q: We recently had our Chap 7, no asset, bankruptcy discharged in Maryland. 95 days before filing, the ...
A: The lender has a lien on the CD, and will not release it until the debt is paid in full. Because ...
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| pending divorce and backruptcy | 1/11/2008 |
Q: We were in court to finalize our divorce, right before we were to go before the judge, his attorney ...
A: Yes, a party can file bankruptcy at any time. Your divorce decree can allocate debts between ...
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| Co-Signers | 1/11/2008 |
Q: I am filing chapter 13 in the state of Georgia. I have 2 questions. I have a car loan and a credit ...
A: 1. There are no reaffirmations in chapter 13. You can choose to pay 100% of the claim with contract ...
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| Bankruptcy Notification/Proof of Claim | 1/10/2008 |
Q: Our company has only experienced a few creditor bankruptcies (the last one was 8-10 years ago). ...
A: Usually you have 90days from the date of the meeting of creditors to file your claim if it is a ...
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| Chapter 7 Bakruptcy/Income Tax Returns | 1/10/2008 |
Q: My boyfriend needs to file bankruptcy. He has so much debt from his divorce, a house that was ...
A: Each jurisdiction is different in what the trustee can collect on. Each state has exemptions to ...
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| Buying a house | 1/10/2008 |
Q: I am currently in a chapter 13 with one year complete and 2 more to go. My question is: I have an ...
A: You would need court approval to purchase the home. The court wants to see that it is reasonable ...
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| AMENDING CHAPTER 7 BEFORE DISCHAGE | 1/10/2008 |
Q: Happy New Year to you. I had my 341 hearing in December, 2007 and I am awaiting the discharge. My ...
A: I would assume you have listed the car company on the bankruptcy, Schedule D of secured debts. IF ...
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| Ch 13 and division of assets in divorce | 1/9/2008 |
Q: If the divorce Court orders one partner to pay the other's legal fees because of non-compliance, can ...
A: if the amount was incurred before the ch13, then you cannot collect until discharged or until you ...
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| Chapter 7 | 1/9/2008 |
Q: I paid a kitchen designer $12,000 to order kitchen cabinets. They cashed my check but never ordered ...
A: If the company has any assets you may file a claim in their case to receive a portion of the payout ...
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| Student Loans | 1/9/2008 |
Q: in 1980 I filed a BK which included my student loan for 8,000. I never heard from them after that ...
A: You should speak to your attorney regarding the bankruptcy laws at the time you filed. Current law ...
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| levels of bankruptcy | 1/8/2008 |
Q: I'm just wondering if there is different levels of bankruptcy. ANSWER: Chapter 7 eliminates ...
A: If you financed big ticket items on a store account, they would be considered secured. (like a car ...
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| levels of bankruptcy | 1/8/2008 |
Q: I'm just wondering if there is different levels of bankruptcy.
A: Chapter 7 eliminates unsecured debts, like credit cards, medical etc. You can choose to keep ...
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| reaffirmation agreements | 1/7/2008 |
Q: if after signing a reafirmation agreement you decide to trade in the vehicle...it is possible? ...
A: By signing the reaffirmation, you are on the hook for the balance owed. You may trade in the ...
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| After Bankruptcy | 1/6/2008 |
Q: I recently filed for bankruptcy and it didn't work out. My lawyer suggested that I convert to Ch. ...
A: If you want to make settlements with your creditors, you can either contact them directly, use an ...
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| quit claim deed and bankruptcy | 1/6/2008 |
Q: I'm in South Carolina, so I don't know if things are different from state to state on this. I have ...
A: To transfer title, he would quitclaim the interest to you and you would record the quitclaim with ...
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| bankruptcy | 1/6/2008 |
Q: happy new year sir...i have been undergoing the process for disability now since 2005 i have ...
A: Chapter 7 can discharge consumer debt. Student loans are normally non-dischargeable. There is one ...
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| Bankruptcy law | 1/5/2008 |
Q: My husband and I are considering the option of filing for bankruptcy. Our situation is a bit ...
A: This is pretty complex. I would recommend speaking to a local bankruptcy attorney. You most likely ...
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| discharge denied | 1/5/2008 |
Q: Discharge denied Oct 2007 in Chapt 7 from failure to disclose insurance settlement. Can I ever buy ...
A: You need to meet with a Missouri attorney. Bankruptcy will stay on your credit report for 10 years. ...
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| Ch 7 - Credit Union cross-collateral | 1/4/2008 |
Q: I’m currently in Ch7 (not yet discharged). I have a $13k auto loan (payments always current) with ...
A: If the debt is cross collateralized, then they may not release the title until the entire amount is ...
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| Chapter 7 including mortgages | 1/4/2008 |
Q: When filing 7 including mortgages would foreclosure be listed on the credit report however long it ...
A: If you don't file bankruptcy, the mortgage company can collect any mortgage deficiency balance from ...
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| Chapter 13 Dismissal | 1/3/2008 |
Q: I filed for Ch 7 in Aug 07 - which the trustee filed a motion for dismissal for "substantial abuse" ...
A: You are barred for 180 days only if the automatic stay was modified for any of your creditors or if ...
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| Bankruptcy and 401K Loan | 1/3/2008 |
Q: I currently have a $900 a month 401K loan re-payment. I filed for Chapter 7, but did not pass the ...
A: The Means test calculation for chapter 7 doesn't permit the payments for the 401k to be deducted. ...
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| EEOC Claim and Bankruptcy | 1/3/2008 |
Q: Several of have discrimination claims against our employer for wage, age, and sex discrimination. ...
A: If your company files a chapter 11 to stay in business, you will receive a notice of filing and a ...
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| Line of credit advance | 1/3/2008 |
Q: I had to take an advance on a line of credit of $1600.00. I haven't started any bankruptcy, but my ...
A: Creditors have the right to object to recent usage within 60 days of a chapter 7 bankruptcy. I ...
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| Bankruptcy | 1/2/2008 |
Q: I filed against a company that owes our company around $8000 in small claims court on the seperate ...
A: you will get notice of the bankruptcy if you are listed as a creditor. If there are any assets to ...
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| bankruptcy with credit cards | 1/1/2008 |
Q: my husband and I are separated and getting a divorce. I noticed that he has been using his credit ...
A: Bankruptcy can eliminate consumer debt. If you have joint accounts, your divorce lawyer needs to ...
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| How should reaffirmed debt show on credit report | 12/31/2007 |
Q: I’ve asked a question similar to this, but was told my credit score should not be too negativly ...
A: Bankruptcy will stay on your credit for 10 years. If something is being mis-reported on the credit ...
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| Chapter 7 and surrendering my home? | 12/28/2007 |
Q: Please let me start by saying thank you for your time in helping me with my question. If I file a ...
A: Foreclosures will take about 6-9months, depending on where you live and how fast your lender moves. ...
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| Power of Attorney | 12/28/2007 |
Q: I'm active duty military stationed in South Korea. I need to file under chapter 13, but can't from ...
A: You can file while on active duty. You should contact a bankruptcy attorney in your hometown where ...
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| CH7 Bankruptcy Options due to illness/disability | 12/27/2007 |
Q: Hope you had a Merry Christmas! I'm at my wits-end with bill collectors harassing me... About 4 ...
A: You will list all debts in the chapter 7. Student loan debts will not discharge. You should check ...
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| House went in Bankruptcy | 12/26/2007 |
Q: My husband and i filed for a ch 7 bk in 6/05 we were discharged in 11/05. In 2007 we went to ...
A: Your mortgage company still has a lien on the home. Since it is 'discharged' they cannot collect on ...
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| 2nd party bk effect my car | 12/21/2007 |
Q: my father has filed bankruptcy personally. The car i own at the time was titled to myself and the ...
A: You have 1/2 interest in the vehicle. So, if the court is looking to liquidate assets, you will ...
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| 2nd party bk effect my car | 12/21/2007 |
Q: my father has filed bankruptcy personally. The car i own at the time was titled to myself and the ...
A: If the car is not in your father's name, then his personal bankruptcy should have no effect on the ...
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| VAR assets | 12/19/2007 |
Q: I am filing Bankruptcy jointly with my soon to be ex after year end. I have a VAR life insurance ...
A: You should meet with your lawyer to do some exemption planning. Each state is different. Some ...
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| Bank refused to sign mortgage reaffirmation | 12/19/2007 |
Q: My husband and I filed for Chapter 7 BK in March, 2006 (Indiana). We were very clear about our ...
A: Because there was no reaffirmation filed, the debt is discharged thru your bankruptcy, and therefore ...
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| Terminally ill elderly parent behind on bankruptcy payments | 12/17/2007 |
Q: From Tennessee: My 87 y/o mother-in-law has recently become terminally ill, has dementia, is 3 ...
A: If she wants to walk away from any unexempt assets, she would convert to chapter 7 and just clear ...
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| Case Dismissed Repossession | 12/15/2007 |
Q: I have been in bankruptcy for 5yrs and was 4 months from getting my case discharged. Well i caught ...
A: You should contact the trustee to see if they did in fact return that money. If so, the trustee ...
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| chapter 13 secure debt listed as unsecure | 12/15/2007 |
Q: We have just finished a 5 year chapter 13. We have 2 mortgages, one we have paid back the ...
A: Since it is a mortgage, and the creditor has a lien on your home, you need to pick up the payments ...
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| CH 13 & MARRIAGE | 12/14/2007 |
Q: I FILED A 13 IN CA 4 YEARS AGO AND HAVE 1 YEAR LEFT TO PAY MY PLAN. I WANT TO GET MARRIED BUT DONT ...
A: Normally, as long as he wasn't cosigned, or the debt was not incurred during the marriage, the ...
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| Amendment process | 12/14/2007 |
Q: I filed bankruptcy with a do it yourself kit online, thus no attorney representation. I went before ...
A: The means test is a complicated 6 - month budget analysis, so having a bankruptcy attorney assist ...
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| Reverse Mortgage and Filing Chapter 7 | 12/13/2007 |
Q: I’m 72 and filed for chapter 7 just recently. I have a home with a 167,000.00 reverse mortgage and ...
A: The trustee can perform a liquidation analysis. They will subtract estimated costs of sale ...
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| Can I amend a bankruptcy after it is discharged | 12/13/2007 |
Q: My bankruptcy has been discharged in July. I just found out today that the gas company has linked ...
A: You can always amend a case if the debt was incurred prior to the case getting filed. The court ...
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| Bankrupcy for my spouse | 12/12/2007 |
Q: My wife and I are considering bankruptcy for her, and her only. I filed 4 years ago and received a ...
A: The court factors in all household income when reviewing the case. Your income will be included in ...
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| div decree | 12/11/2007 |
Q: i just recieved a bill for over 10 thousand dollars that me and my x had for a loan. he has filed ...
A: You should speak to your divorce lawyer, they may be able to bring a contempt order in divorce court ...
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| Mortgage included in bankruptcy filing, but they are still going through foreclosure. | 12/10/2007 |
Q: My husband and I filed Bankruptcy Chpt 7 in Oct 2006. It was discharged in Jan 2007. Our 1st and ...
A: Although the debt is discharged in your bankruptcy, you still own the title to your home. In order ...
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| Chapter 13 conversion to 7 | 12/6/2007 |
Q: I am in a Ch 13 since Oct 2005(old law), The only thing I'm paying on is my secured mobile home and ...
A: You should meet with your attorney about possibly converting. You should also confirm that the ...
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| Bankruptcy | 12/5/2007 |
Q: I'm currently thinking about filing for bankruptcy. I owe on a line of credit from my business that ...
A: In bankruptcy, the court will look at the household income from all sources to calculate if you are ...
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| Ch 7 and hardship discharge on auto loan | 12/5/2007 |
Q: Greetings! Just had a 341 meeting and now I recieve a notice through my attorney that Chrysler ...
A: The vehicle is a secured loan. your options are to 1. reaffirm, and keep paying, and staying ...
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| Chapter 7 and keeping house if behind on payments | 12/3/2007 |
Q: I am currently under a repayment plan for my 1st and 2nd mortgage. Due to losing a job and taking 2 ...
A: Yes, that is the clause I am referring to. If you do file Ch13, then the arrears (the amount ...
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| Business Bankruptcy | 12/3/2007 |
Q: My partner and I own a trucking company in Florida. We may soon loss the contract we have and have ...
A: If you personally guaranteed the debt, you are fully responsible for that debt, and therefore, your ...
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| Repo of vehicle after chapter 13 filing | 12/2/2007 |
Q: First I want to say thank you in advance, I think this site is wonderful and very helpful. Okay my ...
A: Since the car is being paid outside of the case, you do need to make sure you stay current, or work ...
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| tons of bk ques | 12/2/2007 |
Q: I contacted my lawyer back in Aug 07 and started the process of a ch 7. He is charging my husband ...
A: Unfortunately, these are attorney client relationship questions, and would be best asked to your ...
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| Chapter 7 and keeping house if behind on payments | 12/2/2007 |
Q: I am currently under a repayment plan for my 1st and 2nd mortgage. Due to losing a job and taking 2 ...
A: You can file for chapter 7 and keep your house. You need to be careful, as the 'repayment' plan you ...
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| Dishcharged Bankruptcy | 12/2/2007 |
Q: I'm working on my annual credit report. In November 2001 I filed for a Chapter 13 Bankruptcy which ...
A: If debts that were discharged still show a balance, you should definitely let the credit bureau ...
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| Dimissed | 11/26/2007 |
Q: I filed bankruptcy in 2003. My bankruptcy was dismissed as of Sept 2005 due to late payment, we ...
A: You are not really 'losing' the money, but you are in fact paying down your creditors with those ...
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| ex claiming cs in bancruptcy | 11/26/2007 |
Q: if his bankruptcy is accepted does it mean that the debt is paid in full or in his words "By Federal ...
A: With the change in bankruptcy laws in 2005, child support arrears are paid 100% in a chapter 13. ...
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| bankruptcy help | 11/21/2007 |
Q: I have some questions about bankruptcy. We just moved from ND to GA. We have condo for sale in ND ...
A: You have several questions here. If you have any joint/cosigned debt with your husband, he will ...
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| banckrupcy 7 | 11/17/2007 |
Q: I'm recently divored, disabled, recieve ssi, have few funds left, lots of debt including house with ...
A: Patrick, This would depend on the value of the motorhome, and your available exemption in your area ...
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| Ch. 7 filed & discharged, now foreclosure looms! | 11/16/2007 |
Q: My wife and I filed for Ch. 7 bankruptcy at the end of 2005. We were discharged from all our secured ...
A: Both loans are still a lien on the home, so you would have to keep paying them to avoid a ...
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| Bought a house and then the seller went bankrupt | 11/15/2007 |
Q: we purchased a home on march 29th from a gentleman. the asking price was 129,900 and appraised for ...
A: Unfortunately, the court has the power to reverse some transactions to bring the cash back to the ...
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| Chapter 7 ~ HELP Trustee selling my home | 11/15/2007 |
Q: Leeders, So glad I found this site! I would appreciate any advice you could give, as I cannot ...
A: You should contact your bankruptcy lawyer immediately for advice, or get one if you filed pro-se. ...
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| Attorney filing for bankruptcy | 11/14/2007 |
Q: Mr. Leeders, My brother, an attorney operating a one-man firm in New Jersey, is 100% sure he's ...
A: He will not lose his license to practice law. I've filed cases for other attorneys. We offer ...
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| creditors before filing/after discharge | 11/14/2007 |
Q: When I filed for personal chapter 7, I was asked to add all creditors from my credit report and from ...
A: If you have not received your discharge and your case is still open, you can amend to list these ...
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| Bankruptcy and a Prenup | 11/13/2007 |
Q: Can a prenuptial agreement protect my fiancee's income from my chapter 13 bankruptcy? I have been ...
A: You have to complete a form called the "means test analysis" this calculates all household income ...
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| IRS Taxes and Bankrupcy | 11/11/2007 |
Q: I am an independent contractor and pay my taxes quarterly. My income dropped considerable from 2006 ...
A: If you file for chapter 7, any funds that you may be due by the IRS is an asset in a bankruptcy, and ...
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| BK7 Discharge of 1st Mortgage | 11/8/2007 |
Q: I have read your other posts regarding no affirmation agreement with the first lien holder on our ...
A: If you did not reaffirm, you will not be responsible for the loan. For the second, since you did, ...
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| bk 13 to 7 conversion | 11/5/2007 |
Q: I filed bk 13 prior to my sherif sale date. My morgage of $4007 a month was a lot but I was hoping ...
A: If you want to convert your case, you would file a notice of conversion. Keep in mind, you have to ...
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| Chapter 7 Bankruptcy | 11/5/2007 |
Q: My wife and I signed a seperation agreement in January 2006. She is now filing bankruptcy for debt ...
A: You would need to file an adversary proceeding in her case to object to the dischargeability of the ...
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| student loans | 11/4/2007 |
Q: "My husband and I filed Chapter 7 BK back in 2001. In that BK we had a private education loan ...
A: Generally student loans are non dischargeable. Often, the government also backs the private loans ...
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| Student loans | 11/2/2007 |
Q: I would like to file a Chapter 13 to repay the arrearages on my home and to avoid foreclosure. I ...
A: A chapter 13 has to pay a minimum of 10% to the unsecureds. Your monthly income and expenses ...
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| Student loans | 11/2/2007 |
Q: I would like to file a Chapter 13 to repay the arrearages on my home and to avoid foreclosure. I ...
A: Your payment is designed to pay back enough debt to protect the assets you do have. Also, the court ...
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| Are large sums of NSF checks dischargeable | 11/1/2007 |
Q: I have a customer who bounced about $12,000 in checks which were issued for the purpose of ...
A: The balance would be dischargeable for NSF checks, unless there was fraud involved. However, ...
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| Clouded Title from bankruptcy | 10/31/2007 |
Q: my husband and I had a bankruptcy that was discharged in 2003 and we are now trying to refinance our ...
A: Interesting scenario here. If they have a lien on the home, that lien will stay until the loan is ...
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| Bankruptcy in Florida | 10/31/2007 |
Q: We have a house in Florida that is going into foreclosure. We want to file for bankruptcy. Do we ...
A: The jurisdiction rule says you have to file in the old jurisdiction (FL) for 90 days after you move. ...
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| Income Tax Return, Ch 13 | 10/30/2007 |
Q: My wife and I are considering a Ch 13 BK on around $80,000 unsecured debt (primarily credit cards). ...
A: Your case can be designed to pay back your debt to protect your assets. Each jurisdiction varies on ...
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| Ch 13, keeping certain credit cards | 10/29/2007 |
Q: My wife and I are considering filing Ch 13 BK on about $80,000 unsecured credit card debt. We have ...
A: If the accounts have a zero balance, they do not need to be listed. However, they will be cancelled ...
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| chapter 7 | 10/28/2007 |
Q: My husband was discharged in a chapter 7 in April 1998. We jointly filed ch.13 in 2002 and completed ...
A: You can file chapter 7 eight years from the day the last chapter 7 was filed. You will need to ...
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| Bankruptcy | 10/24/2007 |
Q: I am 19 years old and unfortunately already have a lot of debt. I owe about 10,000 between credit ...
A: Bankruptcy would discharge the credit cards and utilities. Student loans and educational debts are ...
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| Chpt 7 option | 10/24/2007 |
Q: We are currently getting behind in our mortgage and owe more than the house is worth. We currently ...
A: Chapter 13 will consolidate the debt, get you caught up and will pay back a portion of the consumer ...
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| Chapter 13 | 10/23/2007 |
Q: My husband and I filed a chapter 13 about 3 years ago. My car was leased and wasnt included. My ...
A: In your mortgage contract, you agree to pay for reasonable collection costs. This fee falls in this ...
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| debt | 10/22/2007 |
Q: Before my husband and I got married my husband had incurred credit card debt from a divorce 10 years ...
A: if they have gotten a judgment, the lien can remain on the home. It will be paid at closing when ...
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| Help.... | 10/22/2007 |
Q: My wife and I have 50,000 a year in debt, however, due to me being out of work we are not making ...
A: You should at least have a free consultation with a bankruptcy lawyer. They can advise you if it ...
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| Determine If an Action Is or Isn't a Violation of the Stay | 10/20/2007 |
Q: Mr. Leeders, My wife and I have filed chapter 7 two months ago. We have a 100financed house with ...
A: Your attorney would have to file a motion for the violation in court. The judge will then decide if ...
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| tax returns | 10/19/2007 |
Q: 13(instead of 7) i would be able to keep my next tax return check..is this true in any sense? i ...
A: Your chapter 13 can be designed to protect all assets, including tax refunds. Say you are paying ...
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| Disability Income | 10/19/2007 |
Q: I am on disability and receive @ $1050.00 per month in benefits. I am going to have to file ...
A: you must live in the jurisdiction for 90 days before you file the case in Vegas. As to disability ...
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| Bankrupcy | 10/18/2007 |
Q: My bankruptcy discharged in 2/1998. Do I have to wait 10 year to request the credit bureau to clear ...
A: Bankruptcy will stay on your credit report for up to 10 years. You can contact the individual ...
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| Conversion from a 13 to chapter 7 | 10/15/2007 |
Q: Currently I am in a chapter 13 and want to convert to a 7 because my mom has fell ill. Well as the ...
A: The Chapter 13 is paid based on the types of debts you have. There is an exact order: Child support ...
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| Chapter 13 alone or Chapter 7 together | 10/15/2007 |
Q: Mr. Leeder, Firstly, thanks for having this resource on the net. I live in Oklahoma, am married, ...
A: You should sit down with an attorney to help decide the best plan of attack. If you file ...
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| Medical Bills on new credit card | 10/14/2007 |
Q: I had an accident in July putting me close to 40,000 in debt in medical bills. Broken jaw, surgery, ...
A: You should speak to a bankruptcy attorney immediately, as recent usage can draw objections in a ...
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| Bankruptcy before Judgment | 10/10/2007 |
Q: Leeders, you may have answered this question in the past, but I did not see one exactly like it. I ...
A: if the assets were only in his name and from before the marriage, then they cannot attach just his ...
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| Bankruptcy before Judgment | 10/10/2007 |
Q: Leeders, you may have answered this question in the past, but I did not see one exactly like it. I ...
A: Unfortunately, any debt that arose from injury due to DUI accident would not be discharged in a ...
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| bankruptcy before repossession? | 10/9/2007 |
Q: I'm upside down in a car loan, The current value of the car is $10,000-$12,000 and I owe $23,000. I ...
A: You can surrender the car through bankruptcy, it wouldn't really matter when you turn over the ...
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| Chapter 13 and tax refund | 10/9/2007 |
Q: I just started a Ch 13 100% repayment plan for 5 years. My attorney told me I don't have to give ...
A: It doesn't sound like the attorney did exactly what I suggested, but I can't say for sure. You need ...
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| Civil case judgement | 10/6/2007 |
Q: My 6 year-old daughter was hit by a SUV on May 25, 2006. The woman who hit her only had 10,000 ...
A: As for bankruptcy, if the woman files chapter 7, and assuming there was no DUI/Drugs involved, then ...
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| Surrendering Auto prior to filing bankruptcy | 10/3/2007 |
Q: I live in Florida and my ex husband lives in Wisconsin, i recently found out he voluntarily ...
A: You need to enforce your divorce decree in divorce court to keep him responsible for the debt. I ...
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| credit card usage before filing | 10/2/2007 |
Q: When do you have to stop using a credit card before filing, 90 days?
A: if you plan on filing, you should stop using the credit cards immediately. Creditors can object for ...
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| bankruptcy against judgement | 10/1/2007 |
Q: I got a judgement after a trial. within just days the people claimed bankruptcy. I know that by law ...
A: Unfortunately, the bankruptcy protection is pretty significant. You need to wait to see if the ...
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| Loan discharged, Lien on car? | 9/30/2007 |
Q: I received a discharge on a loan which was holding my car title. I heard nothing about what will ...
A: The lienholder of the title has the right to keep the title. They cannot collect on the debt (money ...
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| bankruptcy? | 9/28/2007 |
Q: A little Background: I am a full time student-going to class nearly 40 hours a week. I am getting ...
A: student loans are non-discharegable, so your bankruptcy filing will not effect them. The Credit ...
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| Residential Landlord Files Bankruptcy | 9/27/2007 |
Q: Will I have to move or be evicted if my landlord files bankruptcy? If he's foreclosed on?
A: maybe not. He may be assuming the lease, meaning keeping the property, and his filing would have no ...
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| homestead exemption | 9/23/2007 |
Q: in a chapter 7 filing, how do you save your home if the trustee finds that your homestead is over ...
A: Unfortunately, you are going to have a fight on your hands. In some cases, the court will allow you ...
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| Filing a second Bankruptcy | 9/21/2007 |
Q: I filed bankruptcy in 2000 or 2001 I since then have had a disabled daughter and had a 2 year old ...
A: You can file a chapter 7 again after 8 years from the date you filed the first case. If it has been ...
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| exemtions | 9/20/2007 |
Q: We live in Ohio and was wondering if our house is sold because of a lein or bankruptcy-- do we get ...
A: In bankruptcy, you are entitled to protect some equity based on the statute for homestead. If the ...
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| chapter 13 dismissal | 9/19/2007 |
Q: I am in a chapter 13 that has been ongoing since December 2005. I filed in Colorado and now live in ...
A: You can re-file in Washington if you have been there 91 days. Keep in mind, you will only get 30days ...
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| Indiana Chapter 13 inheritance | 9/19/2007 |
Q: My husband and I filed Chapter 13 in June 2007, in July had our 341 meeting and by end of Aug ...
A: If you are paying 100% plan, then you wouldn't have to turn over any funds. Any funds in the ...
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| Bankruptcy filled before marriage and court after marriage | 9/8/2007 |
Q: My now wife filed chapter 7 bankruptcy on January 9. We were married on May 14. The bankruptcy ...
A: Bankruptcy cases factor in all household income that a debtor receives from all sources, so your ...
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| Adequate disclosure of debtor's property | 9/6/2007 |
Q: Does the debtor have an obligation to describe an exempt homestead property that consists of 4 ...
A: Sorry, I don't have a cite for you, but if there are 4 titles, then all 4 should be listed on ...
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| Leins | 9/6/2007 |
Q: I have filed bankruptcy about 6 months ago. We filed on a personal loan. We finally found someone ...
A: You would need to bring a motion to avoid the lien through the bankruptcy case. If the case is ...
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| Bankruptcy | 9/6/2007 |
Q: If my wife files chapter 7 for only her credit card debts, Can our house, which is paid off be taken ...
A: You would have to apply the Ohio homestead exemptions to protect the property. If the exemption ...
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| Considering Chapter 13 but have questions. Please help. | 9/1/2007 |
Q: I am 36 years old and live in Louisiana. I am currently married, but filed for divorce in June of ...
A: Chapter 13 is a very complex calculation as you can see. The numbers will vary month to month as ...
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| Chapter 13 Discharge | 8/31/2007 |
Q: I filed Chapter 13 in Ohio in 2002. My case was due to be discharged on August 20th, 2007 and I ...
A: Once you approach the end of your case, the trustee will audit the file to make sure everyone was ...
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| Home not reaffirmed ch. 7 discharged, now can't afford | 8/30/2007 |
Q: We were discharged chapter 7 under the new laws and did not reaffirm our mortgage. We have been ...
A: A deed in Lieu is just a tool to save the lender the time and effort in foreclosing. IF you have ...
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| getting pink slip on car | 8/28/2007 |
Q: I have a vehicle that was put on our bankruptcy in 2004. The finance place did NOT come and take ...
A: This does happen upon occasion, usually when the vehicle is worth little to nothing. They do not ...
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| Discharged Debt | 8/28/2007 |
Q: I have a couple questions. I filed bankruptcy in 2005, discharged in may 2005. Several attempts ...
A: The credit report should show the date of your bankruptcy case, and that should control. If some of ...
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| bankruptcy | 8/27/2007 |
Q: We filed chapter 7 on march 29 2007 we went to court on May 21st 2007 and we got our BK discharged ...
A: Your attorney would be best to advise you. Some jurisdictions take a pro-rated share of the return ...
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| going from chapter 13 to 7 | 8/27/2007 |
Q: My husband and I filed for bankruptcy in 2005. We filed a chapter 13 because the lawyer said we ...
A: This is hard to say. If your current income and expenses show that you do not have any disposable ...
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| bankruptcy before or after sale of house | 8/23/2007 |
Q: we had a self employed business that went sour and have been in financial troubles for many months ...
A: The credit card company has a judgment lien against the home, thats why it needs to be paid at ...
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| Chpt 7 BK | 8/23/2007 |
Q: My husband and I are considering filing bankruptcy. We have several credit cards with approx 25,000 ...
A: you need to speak with a local attorney to see if the $30k in equity would be protected. Each state ...
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| bankruptcy | 8/22/2007 |
Q: I have a small business and it is a LLC,if I file bankruptcy does it affect my personal credit. The ...
A: That would depend on if you signed any personal guarantees for any of the business debt. With most ...
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| Bankrupsy and getting married. | 8/21/2007 |
Q: My fiance needs to file bankruptcy due to debts and changes in his job due to health problems. If we ...
A: The court looks at assets and debts. If nothing cosigned, then those lenders can't come after you. ...
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| h | 8/20/2007 |
Q: if a civil or small claims court issues an order or judgement for a plaintiff in a civil action ...
A: Is this a bankruptcy question? Bankruptcy would discharge a judgment, unless it was for fraud or if ...
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| Chapter 7 & Voluntary repayment of loan | 8/19/2007 |
Q: SC Bankruptcy--My ex-husband and I filed a Chapter 7 in 1999. At that time, we filed a ...
A: If you signed the reaffirmation agreement, then you would be held responsible for the balance owed ...
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| Bankrupsy and getting married. | 8/17/2007 |
Q: My fiance needs to file bankruptcy due to debts and changes in his job due to health problems. If we ...
A: It depends on where you live. some states are community property..and that might play into things. ...
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| home mortgage question | 8/15/2007 |
Q: I am recently going through a divorce and we have the arrearage on the mortgage in bankrupcty and I ...
A: If your case is filed, then you cannot put any recent default into the case. You have to stay ...
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| bankruptcy | 8/14/2007 |
Q: Leaders, My husband and I were real estate investors. We racked up substantial credit card debt in ...
A: Chapter 13 is only available if you show the court that you can contribute an extra amount each ...
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| Chapter 13 and 401K loan | 8/13/2007 |
Q: I currently have a year left on a chapter 13 bankruptcy repayment. Presently I am in need of some ...
A: You are correct in that this is not a debt in the eyes of the bankruptcy court. You should check ...
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| student Loan | 8/12/2007 |
Q: I filed bankrupcy in 2005 on a Student Loan and other debts. I have received a notice of proposed ...
A: Lucy, You should indicate that you had filed bankruptcy. I assume that you filed for Chapter 7. ...
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| Requesting Ch.13 dismissal | 8/9/2007 |
Q: My husband and I filed chapter 13 a little over 3 years ago in Illinois. I recently became ...
A: You can do it two ways. Your attorney can bring a motion to voluntarily dismiss the case. This can ...
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| save my car | 8/9/2007 |
Q: In early 2005 I filed chap. 13. I was working f/t. In 2/06 I lost my job and also began receiving ...
A: Yes, you have options. 1. you can work something out with the car company (if they are willing) 2. ...
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| Chapter 13 transfer of venue? | 8/6/2007 |
Q: Since April, my husband and I were working a temporary job in Florida and filed Chapter 13 in the ...
A: I no not know the exact steps, as I require my clients to pay the filing fee in advance. I also ...
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| Chapter 7 and Judgment | 8/6/2007 |
Q: In 7/2002 and 12/2003 I had judgments against me from the same law office, representing Discover and ...
A: I am trying to figure out what is driving the question. I have 2 guesses. If the creditor has a ...
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| Convert Ch 13 to Ch 7? | 8/5/2007 |
Q: I filed Chapter 13 Nov 2006. I'm in sales, earning salary and commission. I haven't received ...
A: Upon conversion to Chapter 7, you are subject to a new means test- 6 month budget analysis. Also, ...
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| auto loan and filing chap 7 | 8/5/2007 |
Q: i have a auto loan that is 4 mos old. is it possible to file chapter 7 and include vehicle? (without ...
A: With secured debt, you can surrender the asset (here, the car) and eliminate the debt, or you can ...
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| Chapter 13 transfer of venue? | 8/4/2007 |
Q: Since April, my husband and I were working a temporary job in Florida and filed Chapter 13 in the ...
A: IF it is dismissed, then you would need to bring a motion to vacate...depending on why it was ...
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| If I Dismissed by Chapt 13 Bankruptcy Can i get it removed from my Credit Report? | 8/3/2007 |
Q: My Name is Diane and I filed for bankrupcy in September 2005. I appeared for my initial court ...
A: The fact that you filed will be on your credit report. There is no changing that for 10 years. ...
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| Second Mortgage | 8/3/2007 |
Q: I have two mortgages on my house, the first is in both my name and my girlfriends name and the ...
A: Unfortunately, the 2nd mortgage is a lien on the home, and that will remain a lien against the ...
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| Ch 13 - refinance to pay off bankruptcy | 8/2/2007 |
Q: We filed bky almost a year ago (will be 1 year in Sept.). We cannot keep up with our mortgage ...
A: You would need to get court approval to do so. First, you need to find a lender who can finance the ...
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| chapter 13 dismissal | 8/2/2007 |
Q: I filed chapter 13 on 11-06. The case was dismissed on 4-07 after I failed to get my plan approved ...
A: It is probably too late to try to save your last case at this point 4 months later. You may be able ...
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| chapter 7 and mortgage | 7/31/2007 |
Q: I've been discharged of a chapter 7 several years ago. I have a mortgage loan and a 2nd ...
A: If you listed both loans in the chapter 7, and did not sign the reaffirmation on either, then you ...
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| property liens | 7/29/2007 |
Q: My bankruptcy was discharged June 2006. At the time I had no known judgements against me. However, I ...
A: If they put a lien on before your bankruptcy was filed, and if lien interferes with the amount you ...
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| question | 7/28/2007 |
Q: I have a question;I had a voluntarily repossessed my vehicle last year 2006,I cold my LIENHOLDER ...
A: Once repossessed, the lender will auction it off to recoup some value, and can collect from you for ...
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| Exemptions in Michigan Chapter 7 | 7/27/2007 |
Q: My husband and I are considering filing Chapter 7 in Michigan due to $30,000 of unsecured credit ...
A: Sorry, I am in Illinois and do not know the michigan exemptions. There is no equity left after ...
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| BK AND CIVIL JUDGEMENTS | 7/26/2007 |
Q: I am the defendant in a lawsuit from a former employer and think Im about to get "railroaded" for ...
A: It would be hard to say without reading the suit and the judgment itself. It might be dischargeable, ...
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| Reaffirmation Agreement in Bankruptcy | 7/26/2007 |
Q: In 1996 I filed for Chapter 7 bankruptcy. I signed an affirmation agreement with the bank on a ...
A: that is subject to court interpretation in your area. In IL. we list down all payments to secured ...
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| Reaffirmation Agreement in Bankruptcy | 7/25/2007 |
Q: In 1996 I filed for Chapter 7 bankruptcy. I signed an affirmation agreement with the bank on a ...
A: IF you file a chapter 7 again, you can surrender the asset to the creditor. They will auction it ...
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| 13 bankruptcy | 7/24/2007 |
Q: We have consulted w/a lawyer on filing chapter 13 bankruptcy and we were told of a few things but ...
A: 1. if you purchase beforehand, you can include it, but you need to be careful on the type and year ...
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| Judgment | 7/24/2007 |
Q: If a Judgement was won against you for a security bond and you file bankruptcy with no real property ...
A: I am not totally familiar with a 'security bond.' Most non-dischargeable debts are government ...
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| Judgements before bankrupcy | 7/21/2007 |
Q: I filed for Chapter 7 bankrupcy on 3/04/2004 and it was discharged on 6/16/2004. Previous to my ...
A: It really wouldn't matter if it was on schedule D or F, as long as it was listed. I assume you are ...
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| Divorce and Chapter 13 | 7/21/2007 |
Q: My wife and I filed a chapter 13 about 4 months ago. We have been marital problems for years and ...
A: You should speak to both your divorce attorney and bankruptcy lawyer. It is possible to convert the ...
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| can I file bankrupt on a student loan | 7/18/2007 |
Q: Can I file bankrupt on a student loan that I received in 2001 with the help of a co-signer?
A: Unfortunately, student loans, more precisely 'debt for educational purposes' are generally ...
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| bankruptsy | 7/16/2007 |
Q: We filed bankruptsy in sept 2003 after my spouse lost his job. We have struggled till now trying to ...
A: Your answer depends on whether you reaffirmed the mortgage in a chapter 7. It would also depend on ...
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| chapter 13 | 7/16/2007 |
Q: I am in a chapter 13. I am about to be discharged but I have not turned over my last 3 years tax ...
A: You need to discuss the issue with your lawyer. In Illinois, debtors do not usually have to pay ...
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| Garnishment/Freeze placed on account a year and half after bankruptcy discharged | 7/13/2007 |
Q: I live in the state of Georgia. I filed chapter 7 in Octover of 05 My bankruptcy was discharged in ...
A: You probably do not have to reopen the bankruptcy case. Assuming that you listed this debt in the ...
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| Question about selling a store before/after the bankruptcy | 7/12/2007 |
Q: I am tring to file a bankruptcy(Ch 13 I think because I am trying to keep some assets I need). I ...
A: All of your assets, that are in your name need to be disclosed in a bankruptcy case. Any transfers ...
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| Foreclosure and Bankruptcy | 7/6/2007 |
Q: We have a 1st, 2nd, and 3rd mortgage and can no longer afford the house. Our income is too high for ...
A: Usually, the bank will foreclose, but the chapter 13 bankruptcy will trump it, discharging any ...
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| Selling a home in bankruptcy | 6/28/2007 |
Q: My mother and I own a home I am primary on the mortgage. I just sold the home and purchased a new ...
A: Mom would need to bring a motion in bankruptcy court to obtain permission to sell the home. The ...
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| Chapter 7 and foreclosure | 6/27/2007 |
Q: I am a investor/loan officer in Georgia. I generally deal with REO's,but an old client is facing ...
A: The automatic stay is the debtors protection from creditors. You would need to petition the court ...
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| Bankruptcy | 6/27/2007 |
Q: I received a tax refund in the neighborhood of 4500.00 dollars. I was wondering, how much of this ...
A: Your question depends on where you live, if you are married or not, and when you are filing your ...
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| Chapter 7 refiling | 6/26/2007 |
Q: I filed my bankruptcy, and it was discharged in 2006. I just pulled my credit report recently and ...
A: Unfortunately, you cannot refile a chapter 7 bankruptcy for 8 years. If you aren't able to get ...
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| Bankruptcy | 6/25/2007 |
Q: Filed Chapter 7, listed my on going lawsuit as exempt value unknown. Trustee abandon lawsuit back to ...
A: You may have gotten your discharge, however the trustee could keep your case open to determine the ...
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| Life with bankruptcy | 6/25/2007 |
Q: I am going to get into banckrupt because of back child support from a child I had out my marriage. ...
A: These are questions to ask your attorney. The rules were changed to make child support payment a ...
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| Bankruptcy | 6/23/2007 |
Q: Filed Chapter 7, listed my on going lawsuit as exempt value unknown. Trustee abandon lawsuit back to ...
A: Earl, The lawsuit is an asset of the bankruptcy estate. Without seeing the court record, I don't ...
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| Life with bankruptcy | 6/22/2007 |
Q: I am going to get into banckrupt because of back child support from a child I had out my marriage. ...
A: It is possible to obtain property during the the case, however it would be subject to court approval ...
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| Life with bankruptcy | 6/22/2007 |
Q: I am going to get into banckrupt because of back child support from a child I had out my marriage. ...
A: If I understand you correctly, you want to do chapter 13 to pay back your child support. That is ...
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| Filing without an attorney | 6/21/2007 |
Q: I am under a Chapter 13 and it is being dimissed because I cannot make payments. I do not have the ...
A: It is possible to convert your case without an attorney, but I don't recommend it. You could have ...
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| bankruptsy | 6/21/2007 |
Q: My income is about 45,000 my debt is 60,000 I am meeting next week with an atty and am to pay 250 ...
A: Your attorney will analyze your income and allowable deductions to compute your 'means test' to ...
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| Adversary Proceeding | 6/20/2007 |
Q: WE are currently faced with a notice of adversary proceeding(the ...
A: The person filing the adversary has the burden to prove that the schedules are incorrect. Then the ...
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| garnishment | 6/19/2007 |
Q: We are sorry, but Steven True wasn't able to answer yourIN 1997 I FILED BK I listed state board of ...
A: Sales tax is non-dischargeable in bankruptcy. Sorry. There is a small loophole to discharge some ...
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| Facing foreclosure after Chapter 7 discharge | 6/19/2007 |
Q: Our bankruptcy was discharged in January and situations with my husband's job made us fall behind on ...
A: A reaffirmation can be rescinded for 60 days after it is filed with the court, or the date of the ...
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| account listed in BK | 6/19/2007 |
Q: I filed a chapter 7 I have a sallie mae account that I listed in my BK. It is not a student loan. ...
A: Ellis, Under the current law, any debt for educational purposes is non-dischargable. I do not ...
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| 401k/QDRO/interest and bankruptcy | 6/18/2007 |
Q: At the time of my divorce 5 years ago in 2002, my ex was ordered to transfer 1/2 the 401k. Despite ...
A: but his 401k is an asset to him. You should speak to your divorce attorney to determine if they can ...
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| 401k/QDRO/interest and bankruptcy | 6/18/2007 |
Q: At the time of my divorce 5 years ago in 2002, my ex was ordered to transfer 1/2 the 401k. Despite ...
A: There is not enough information here to get you a complete answer. First off, a 401k is an asset, ...
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| Bankruptcy and Ongoing Lawsuit | 6/16/2007 |
Q: I am currently being sued by a business partner for the money lost over a failed business. He has no ...
A: Florida law would apply. I assume it was just for money lent. If you are filing personal ...
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| Student Loan Discharges | 6/15/2007 |
Q: A friend of mine has authorized me via a limited power of attorney to explore the likelihood of ...
A: I have seen very few successful attempts to discharge student loans. Basically, the debtor must ...
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| What law is Credit Reporting Agency violating? | 6/15/2007 |
Q: I filed BK7 (8/03) & DISCHARGED all medical debts & 5-recorded Federal & State Income Tax Liens. I ...
A: That is strange how 2 cleared it and the last one didn't. It technically isn't a violation of the ...
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| Collection attempts after Chapter13 conversion | 6/13/2007 |
Q: I have a question concerning a situation one of my family members is in. A few years ago she filed ...
A: Brandon, It is creditors like this that need to be stopped. Your family member has a potential ...
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| garnishment | 6/13/2007 |
Q: We are sorry, but Steven True wasn't able to answer yourIN 1997 I FILED BK I listed state board of ...
A: Your question is a bit hard to follow. I can't tell what the debt was for to the state board of ...
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| Bankruptcy and my car | 6/8/2007 |
Q: I need to find out if I have filed for bankruptcy and I still have my car by law is the creditor ...
A: Your question is a bit confusing. I assume you hired an attorney to file, so you should check with ...
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| Chapter 7 or 13? | 6/4/2007 |
Q: My wife and I recently purchased a home (Dec. 06) and we can no longer afford the mortgage. Although ...
A: The 2 chapters for consumers are ch7 and ch13. Chapter 7 is a liquidation, where you can surrender ...
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| Bankruptcy | 6/2/2007 |
Q: I am in Chapter 13 now and have a ARM that is going up, can I file Chapter 7 now?
A: A short answer is tricky. It would depend on the reason you filed chapter 13 in the first place. I ...
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| Credit report shows "balance amount" blank after bankruptcy. | 6/1/2007 |
Q: My Experian credit report reflects the "balance amount" BLANK on several (qty 7) accounts discharged ...
A: Unless a potential lender brings it up, I think you will be fine and don't need to do anything. You ...
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| in debt to my university | 5/31/2007 |
Q: I would like to know if an outstanding debt at my previous schooling(davenport university)can be ...
A: Under bankruptcy, student loans and educational debts of any kind are presumed non-dischargable. ...
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| recinding | 5/30/2007 |
Q: My daughter filed chpt 7 in 6/2005. They signed a reaffirmation agreement on their 1st and 2nd ...
A: Sorry to hear about the divorce. Unfortunately, a reaffirmation can only be rescinded for 60 days ...
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| Chapter 7 and Selling a Home | 5/30/2007 |
Q: My wife and I have filed for Chapter 7 Bankruptcy but did not include our home. We want to sell our ...
A: Hopefully, you listed the home and chose to reaffirm (keep) it. If the case is still open, you ...
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| bankruptcy | 5/30/2007 |
Q: i listed my student loan on a chapter 13 my lawyer assured me that they would be able to work out ...
A: There are 2 solutions. 1. let it be. you now owe less on the student loan, and less interest will ...
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| CH13 & Selling house within a year after filing | 5/28/2007 |
Q: We filed ch13 May 2006 & it was confirmed on September 2006. We are on a 5 year plan. Trustee gets ...
A: The short answer is yes. You can bring a motion in court to allow you to sell the home and use the ...
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| 401K in Chapter 7 Bankruptcy | 5/26/2007 |
Q: I'm considering filing chapter 7 bankruptcy. I have learned that between my husband and myself we ...
A: in most states, retirement plans are exempt under state or federal law. You need to check with a ...
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| Reaffirmation agreement valid? | 5/23/2007 |
Q: I filed a chapter 7 bankruptcy in march of 2005. I think I signed a reaffirmation agreement at the ...
A: Even if you did sign a reaffirmation agreement, if you fell behind on the payments, they can ...
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| chapter 13 dismissal | 5/18/2007 |
Q: I am a creditor to a chapter 13 bankruptcy in which they did not file a plan in 15 days, so my atty ...
A: It depends on the judge and trustee. Sometimes they will allow a debtor to file late to correct the ...
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| Question about filing | 5/17/2007 |
Q: My wife and I are discussing filing bankruptcy due to a couple of credit cards that are out of hand, ...
A: With Chapter 7 you need to list all of the debts in the case. It would be up to the creditor if ...
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| Personal Bankruptcy with Business | 5/12/2007 |
Q: I am about to start-up a technology service company and thinking what > direction to start off with. ...
A: I would say that a previous bankruptcy would effect both types the same. Most vendors, for small ...
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| cc debt | 5/11/2007 |
Q: Leeders, I am originally from Bulgaria, a US permanent resident. 7 years ago our house in Bulgaria ...
A: a Chapter 7 can eliminate the debt for you. If it has been a while since you used the cards, you ...
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| adversary proceeding | 5/9/2007 |
Q: My husband and I filed bankruptcy pro se and received a discharge last year. We are now involved in ...
A: Generally, you can re-open any case for need. The court charges $255 to do so. I am unclear as to ...
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| Chapter 13 dismissal | 5/8/2007 |
Q: My question is this, My husband & I are in a chapter 13 that has a pending motion to dismiss. We ...
A: If dismissed, you would need to work something out with your car lender or work to get caught up, as ...
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| CHAPTER 13 TO A CHAPTER 7 | 5/7/2007 |
Q: My husband and I are currently in Chapter 13 since Oct, 2005 and wanting to convert to Chapter 7 , ...
A: The good news is that if you filed before Oct 16, 2005 then your conversion would still go under the ...
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| bankrupt | 5/1/2007 |
Q: bankrutcy discharged in 1999 included group disability overpayment of benefits group insurance has ...
A: You need to 1. verify that they got the bankruptcy notice (this is the government after all) 2. ...
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| Bankruptcy | 4/24/2007 |
Q: I live in the state of Connecticut and was involved in a terrible scam which has, sadly, resulted in ...
A: You may be eligible for Chapter 7, however you should speak to a Connecticut Bankruptcy attorney to ...
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| Taxes and inheritance | 4/23/2007 |
Q: First of all I would like to thank you for your time. My question is two fold. First, my husband ...
A: You have a duty to notify the trustee of any inheritance. This duty lasts for 6 months (180 days). ...
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| Foreclosure after chapter 7 filed | 4/20/2007 |
Q: My husband and I bought our first home in July of 2004. The morgage is in his name, the deed in ...
A: Yes, you can file a chapter 13. Although the law states you cannot get a discharge in the new case ...
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| Chapter 7 creditor notification requirements | 4/17/2007 |
Q: I am about to file chapter 7 as a result of contingent personal liabilities realized due to a ...
A: You shouldn't have anything to worry about. The bankruptcy law change a few years ago directed a ...
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| bankruptcy | 4/12/2007 |
Q: My husband filed for bankruptcy about a month ago and we are going to our first meeting with the ...
A: I assume you are doing a chapter 7. Normally, all of your debts would be discharged, except for ...
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| Chapter 7 - recent quit claim | 4/11/2007 |
Q: I (my husband and I) are pursuing Chapter 7; however, just last month, we were removed from the ...
A: Excellent question Julie. The short answer is - it depends. If done last year, it is considered a ...
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| re-filing chapt 13 or other options | 4/7/2007 |
Q: We filed chapt 13 in June of 2006. (unable to file Chapt 7 because we filed in 2003 or 04 can't ...
A: On a refile, the payment usually goes up because debtors are further behind than when they filed ...
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| Letter of Dismissal | 4/6/2007 |
Q: I received a Letter of Dismissal from the Trustee's Office stating that it can not go over the 60 ...
A: I actually just got one for a client of mine this week too. What happened is that the trustee's ...
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| I'm in Foreclosure | 4/4/2007 |
Q: My home is in forclosure and my house is scheduled to be auctioned off in 6 days. Should I file ...
A: Crystal, You need to speak to an attorney immediately. A Chapter 13 plan can be set up to stop the ...
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| CHAPTER 13 DISMISSAL | 4/4/2007 |
Q: I FILED A CHAPTER 13 9 YEARS AGO AND IT WAS DISMISSED. I JUST BARELY REC'D A COLLECTION LETTER ON A ...
A: If your case was dismissed, then you did not eliminate the debt. If your case was discharged and ...
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| Bankruptcy and Tax Refund | 4/4/2007 |
Q: I do not have an attorney, I had a petition preparer file my bankruptcy. The trustee is trying to ...
A: The trustee has the right to any non-exempt assets such as a tax return. The trustee will pay a ...
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| Lawsuit for automobile accident | 4/3/2007 |
Q: About three or four years ago i was driving a friends auto which was supposed to be insured (but ...
A: In most instances, accident debts are dischargable in a bankruptcy case. Once the case is filed, ...
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| inheritance | 4/2/2007 |
Q: What are the rules regarding bankruptcy and inheritance
A: The timing of an inheritance is the issue. If the person passed away prior to the bankruptcy ...
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| Ch 13 | 3/30/2007 |
Q: I recently filed and am interested in amending my plan. It has not been confirmed yet..am I able to ...
A: Denise, Any plan modification would need to be confirmed by the judge and approved by the trustee ...
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| IL bankruptcy and tax returns | 3/27/2007 |
Q: I am getting ready to file chapter 7 and have already received my tax return back in February. I ...
A: Under the current bankruptcy law, you must submit the tax return to the trustee. As for the refund, ...
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| bankruptcy | 3/25/2007 |
Q: I own my primary residence, two rental homes and land. All have mortgages (even the land), and large ...
A: Based on your notes, I assume that you have some equity involved in these properties. Therefore, my ...
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| Chapter 7 Questions | 3/24/2007 |
Q: I am thinking of filing bankruptcy because I can't keep up with most of my credit cards. I was ...
A: All debts must be listed in the bankruptcy petition. You can select to 'reaffirm' certain debts. ...
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| Bankruptcy - Chapter 13 | 3/22/2007 |
Q: I filed Chapter 13 and I am still making regularly scheduled payments to the trustee. My plan ...
A: Once the trustee is paid, the normal process is for them to audit the file to be sure all payments ...
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