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About Mark J. Markus- Bankruptcy Attorney
(Top Expert on this page)

Expertise
Mark J. Markus is a Los Angeles attorney who has practiced exclusively bankruptcy law in California since 1991 and is BV-rated by Martindale-Hubbell. He represents debtors, creditors, and Trustees in Chapter 7, Chapter 11, and Chapter 13 of the bankruptcy code throughout California.

Experience
Visit http://www.bklaw.com for more information on bankruptcy in general and Mark J. Markus in particular. Many questions are answered on the web page (hint, hint).
The Markus webpage also contains more information on
business bankruptcy,
chapter 7 bankruptcy,
chapter 11 bankruptcy,
chapter 13 bankruptcy,
Frequently Asked Bankruptcy Questions

and much more.

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Questions Answered By Expert Mark J. Markus- Bankruptcy Attorney
In Category Bankruptcy Law

Subject	Date Asked

Collection letter after discharge	9/6/2008
Q: I filed Ch. 7 and it was fully discharged in 6/08. On 9/5 I received a collection letter from one of ... A: Assuming the debt was discharged in your bankruptcy, they are violating the post discharge ...
What should we do after rescission of reaffirmation agreement is filed?	9/6/2008
Q: After signing reaffirmation agreement, we realized that it wasn't feasible to keep a 2000 model ... A: I would just call and have them pick up the vehicle, or return it to a dealership. If the ...
Bankruptcy	9/5/2008
Q: I live in a community property state but the debt I want in a chapter 13 is all in my name (mostly ... A: You can always file alone. The issue is whether you 1. have to include his debts and, 2. whether ...
Parent as Creditor	9/5/2008
Q: I am on the verge of having to file bankruptcy. I have several rental properties that have drained ... A: You can only include the payment of that debt on the means test if you have a contractual ...
Old bankruptcy law	9/3/2008
Q: How can I get credit reporting agencies to honor my bankruptcy of August 2000 that was over in ... A: OK, now I understand. This is not a bankruptcy law issue. President Clinton signed into law (I ...
Chap 7 Bankruptcy & surrendering my home	8/31/2008
Q: I live in LV, NV. I am going to file for Chap 7 bankruptcy next week because I can't handle my ... A: I'm sorry to hear about your situation. Sounds like bankruptcy is a viable option for you. As far ...
Lienholder doesnt want vehicle after ch 7	8/31/2008
Q: We filed bankruptcy in June 2007 was discharged in Oct 2007 we have a truck that was used for a loan ... A: There is no easy answer to this question. The best thing to have done would have been to do a ...
Girlfriend Filing	8/25/2008
Q: I have a live-in girlfriend. She is not on the lease, we have no joint obligations. She is filing ... A: Her filing bankruptcy or being delinquent on her credit card debts should not affect you at all ...
Ch 13 Dismissal	8/25/2008
Q: As part of our divorce agreement my ex would be responsible for making the ch 13 payments. He was ... A: If you live in a community debt state and the debt was incurred during your marriage, then you ...
BANKRUPTCY	8/21/2008
Q: if I file bankruptcy in two weeks and I have only used my credit card for about $100 over the past 3 ... A: I cannot tell you what an individual creditor will or won't do. If a creditor can prove that you ...
2nd Mortgage & chapter 7	8/21/2008
Q: Our 2nd mortgage was not reaffirmed in chapter 7 BK. Chase sold loan to debt collector who placed ... A: You're not throwing your money away, unless you don't want to keep your house. As long as you are ...
Reaffirming Old Debt After Chapt. 7	8/20/2008
Q: My bankruptcy was finalized sometime around 06/2007. I'm having a very hard time reestablishing ... A: You cannot reaffirm the existing debt unless you enter into a reaffirmation agreement and have it ...
chapt 13	8/19/2008
Q: My attorney through some miscommunication did not explain that under the new law I could not get a ... A: If you dismiss it, it will be a voluntary dismissal. There probably will not be a 180-day bar on ...
amendment to ch 7	8/19/2008
Q: i recently filed ch 7 bankruptcy but it still has not closed due to a reaffirmation contract that ... A: I'm not sure I understand your question or facts. You are required to list all assets and all ...
Chapter 13 Dismissal	8/18/2008
Q: I missed 2 payments in my 13, but am going to make a double payment in September. Will the trustee ... A: I have no idea what the policy of the Trustees and Judges in your jurisdiction are, but in most ...
chapter 7	8/17/2008
Q: I filed chapter 7 and went to the hearing about two weeks ago. My home and care are protected and I ... A: You can hire a new attorney at any time. I don't know what else to tell you. I cannot handle the ...
BANKRUPTCY	8/15/2008
Q: Last week I sent my papers to a lawyer and was told that I do not qualify for ch. 7 because me and ... A: That's an impossible question to answer without having all the relevant data. There are two tests ...
bankruptcy and lawsuit	8/15/2008
Q: my husband and i will soon by filling bankruptcy. my question is slightly long. we met with our ... A: It is unusual that they file lawsuits that quickly. I can't promise you anything one way or ...
bankruptcy	8/13/2008
Q: If a chapter 7 bankruptcy is not discharged,can a lien be placed on a home that is "in trust" for ... A: That depends on the laws of whatever state created the trust and in which title is held on the ...
2nd part	8/13/2008
Q: My mothers elderly mom lived with her and now moved with her other daughter in Ohio,she had a money ... A: No, if your mother files a bankruptcy case, the automatic stay will prevent any lawsuits from ...
old debts	8/10/2008
Q: can i claim bankruptcy for 10 year old jugement and only for this;my credit is very good now and i ... A: I'm not sure I completely understand your question, but if you file a bankruptcy case, you must list ...
Is a so-signer affected on a motorcycle?	8/6/2008
Q: I'm considering chapter 7 and I'm worried that a motorcycle I bought last year with a co-signer will ... A: The co-signer is obligated on the debt regardless of whether or not you file bankruptcy. If the ...
Sba loan	8/6/2008
Q: I am a CA resident with a Idaho S corp that has no debts except a SBA loan personally guaranteed by ... A: You can discharge the debt you personally guaranteed by filing a personal bankruptcy. The ...
bankruptcy discharged	8/5/2008
Q: my bankruptcy in michigan was discharged in June 2008. Our creditor meeting was in April 2008. We ... A: I don't have enough facts to answer that question. Was this business a dba of yours, or was it a ...
bankruptcy discharged	8/5/2008
Q: my bankruptcy in michigan was discharged in June 2008. Our creditor meeting was in April 2008. We ... A: If the phone company was listed as a creditor on your bankruptcy papers and you received a ...
university debt	8/4/2008
Q: Last year I accumulated debt with a state university on the basis of recieving financial aid and ... A: No, but sounds like you have a decent chance of discharging the debt in a bankruptcy, but they might ...
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: The answer depends on a number of factors, most importantly the applicable state exemptions laws ...
university debt	8/2/2008
Q: Last year I accumulated debt with a state university on the basis of recieving financial aid and ... A: It's not clear from your facts what the answer would be. If the funds you received were for an ...
liens	7/28/2008
Q: I recently filed chapter 7 earlier this year and was discharged a couple of months ago. I just found ... A: Yes, assuming that the lien is avoidable (removable) you need to seek to reopen your bankruptcy case ...
Business Bankruptcy	7/27/2008
Q: If one owns a resturant and has not paid in the federal withholding taxes on his employees for ... A: Yes, the trust fund portion of the employee payroll taxes will be assessed to the responsible ...
Student Loan	7/26/2008
Q: I live in Kentucky, my husband is planning to file chapter 13. I am currently attending college. I ... A: probably not, but it depends on whether you receive the student loan before or after the bankruptcy ...
Chapter 7 debts and exemptions	7/25/2008
Q: I am planning on filing for a Chapter 7 bankruptcy soon in California, but I wanted to know a couple ... A: 1. Exemption analysis is very involved and I cannot tell you with certainty what assets you will or ...
chapter 13 dismissal	7/24/2008
Q: If the trustee sent notice to an incorrect address, and I never received it what can i do if my case ... A: You're asking me questions I cannot answer. I don't know if your attorney filed the change of ...
chapter 13 dismissal	7/23/2008
Q: If the trustee sent notice to an incorrect address, and I never received it what can i do if my case ... A: If the case was dismissed without a bar to refiling, then you should be able to just file a new ...
Trustee Low balling the price in selling my home	7/20/2008
Q: I was in Chapter 13 loss my job after four months I got another job since i was not able to pay on ... A: I'm not completely sure what you're asking, but the Trustee can sell the property for whatever price ...
follow up to previous quesiton/answer posted	7/19/2008
Q: When a loan for a motorcycle is discharged through a BK, but the lien survives, how can the lien be ... A: I totally understand your issue, but unfortunately I don't have a better answer than what I gave ...
follow up to previous quesiton/answer posted	7/19/2008
Q: When a loan for a motorcycle is discharged through a BK, but the lien survives, how can the lien be ... A: The best suggestion I've had on this is to do a Motion to Redeem the motorcycle for $1.00 in the ...
Trustee Taking Possession	7/17/2008
Q: I filed Chapter 7 bankruptcy, and just attended my meeting of the creditors today. Come to find out, ... A: There's not much you can do except either convert your case to a Chapter 13 and do some sort of ...
File bankruptcy for just me	7/16/2008
Q: I am married. I am thinking I want to claim bankruptcy on all my debts from before we were married. ... A: Yes, you can. Whether it is advisable or not and how, if any, it would affect your spouse and his ...
Old Bankruptcy	7/15/2008
Q: My husband and I have been receiving calls for collection on a old federal student loan, which was ... A: In 1991 I believe (although I'm not 100% sure off the top of my head) that in order to be ...
Fraud or Legit BK Planning?	7/15/2008
Q: We are hoping to file Ch 7 in a week or two, and had a question about a car we purchased in March of ... A: I can't promise you what an individual trustee will or won't do in your jurisdiction, but in ...
Chapter 13 Dismissal (Not notified)	7/14/2008
Q: I am wondering if the Trusttee is suppose to notify the debtors of the motion to dismiss PRIOR to ... A: Yes, you absolutely should have received notice with an opportunity to respond. In our district ...
Cosigners and reaffirmed loans	7/13/2008
Q: We are filing chapter 7 and have a car loan that my parents co-signed on; we are planning to ... A: If you are reaffirming the loan I don't see any reason why it would affect your parent's credit. ...
Filing BK for a 2nd time/other questions	7/12/2008
Q: I filed under old law chapter 7 in 2003. Sadly, I am in serious financial hardship, and am ... A: You cannot file another Chapter 7 until 2011. You may be able to file a Chapter 13 now. There's no ...
Joint Account	7/12/2008
Q: My question for you is that if I am going to file for bankruptcy and the accounts that are joint ... A: If you file the bankruptcy case individually without your wife, the bankruptcy itself should not ...
bankruptcy	7/10/2008
Q: If personal bankruptcy is filled for, will a subchapter S with assets be protected? Or will the ... A: It's the ownership interest that's an asset of the personal bankruptcy estate, so the answer depends ...
business bankruptcy	7/10/2008
Q: I own a full service car wash in Ohio. I have been struggling for several years. I am a S ... A: For information on business chapter 7 cases and their benefits, see ...
chapter 7 bankrukptcy and mortgage	7/7/2008
Q: We are in Florida. 9/04 foreclosure-6/05 modification agreement, 10/05 chapter 7 filed, discharged ... A: No, it's not a reaffirmation agreement if it was entered into prior to filing your bankruptcy case. ...
Bankruptcy pre 2005 changes regarding private student loans	7/7/2008
Q: My husband filed bankruptcy in July 2005 and was discharged in November 2005. We thought the Sallie ... A: There is no "exact law" that will provide you the answer. It depends on the following: For cases ...
bankruptcy	7/4/2008
Q: I'm considering bankruptcy. I have an occupied rental row house in Baltimore, md. If either I give ... A: Your rights and duties as a landlord are governed by the laws of Maryland, not bankruptcy law. ...
Dismissing Chapt.13	7/4/2008
Q: I decided to do a voluntary dismissal of my bankruptcy and was advised by counsel to just let the ... A: First of all, I don't necessarily agree with the advice to let the Trustee file a motion to dismiss. ...
Bankruptcy and Severence Pay	7/3/2008
Q: we filed for bankruptcy in the beginning of June. It is now July. We received a severance payment ... A: That is a great question. I guess the first question I'd ask is, how much was it, and did you have ...
Education Expense	7/2/2008
Q: On the means test, I am planning on using the Education Expense for $137.50(line 38). My son ... A: I've never had a client need to prove it up, but you need to provide documentation showing the ...
Small deposits	7/2/2008
Q: We are above-median in MA, looking to discharge $100k+ so I am assuming our UST will take an ... A: Yes, if received in the 6 calendar months prior to filing, those are all includable in the current ...
lump sum after chapter 7 discharge	7/1/2008
Q: Shortly after my discharge (Northern NY)I received 40,000 as beneficiary of my husband's life ... A: There is no set time period for the Trustee to administer the estate. And, even if you only owed ...
Automatic Stay	6/28/2008
Q: My wife and myself filed Chapter 7 Sept 05 and discharged Dec 05. A Credit Union we had a credit ... A: That I'm not sure of. They can report it if it's accurate, and until you got your discharge, those ...
Automatic Stay	6/28/2008
Q: My wife and myself filed Chapter 7 Sept 05 and discharged Dec 05. A Credit Union we had a credit ... A: That depends on the terms of the settlement or whether there was a reaffirmation agreement entered ...
Did not reaffirm on mortgage	6/26/2008
Q: I filed bankruptcy in 3/07 and discharged in 6/08. I've from KY to TX and still paying the mortgage ... A: Yes, if you don't make the payments, I assume they would foreclose. The foreclosure may show up on ...
Can you be sued while in an active Chapter 13?	6/25/2008
Q: Mr. Markus, Thank you in advance for reading my question. I live in California and my husband and I ... A: You seem upset at my answer. For that I apologize. Anything you owe to someone is a debt. If you ...
Can you be sued while in an active Chapter 13?	6/25/2008
Q: Mr. Markus, Thank you in advance for reading my question. I live in California and my husband and I ... A: Yes, this is true. The debt you owe to the bank is a post petition debt in your chapter 13 ...
Chase Legal Department	6/24/2008
Q: I was discharged from Chapter 7 on 12/24/07. My bankruptcy was for only unsecured debt (credit ... A: I'm not sure what you mean by "recall", but Chase cannot foreclose on your property unless you are ...
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: It depends on whether Maryland is a community property state or not. I'm guessing by your wife's ...
bankruptcy	6/9/2008
Q: In either 7 or 13 would they allow me to keep a rental house that is earning negative ... A: Yes, but you probably would not be allowed to use the negative income to show a lower monthly budget ...
Bankrupt Potential Landlord	6/7/2008
Q: I am debating whether to rent from a real state builder who has recently filled for bankruptcy for ... A: There's probably no problem renting from him. The same laws and rights apply to you as before he ...
Chapter 7	6/2/2008
Q: My soon-to-be ex-husband filed a Chapter 13 in 2003(dismissed) and then converted to Chapter 7 in ... A: OK, there are several unclear items from your facts. First of all, if you did not file a prior ...
bankruptcy	5/29/2008
Q: Does chapter 13 allow the person to save money each month after paying the agreed on amount? Also, ... A: 1. Generally, no, unless you are paying 100%. Although you can set aside funds for emergency ...
Means Test - Line 25	5/28/2008
Q: We are above-median, and from what I understand, you are supposed to enter your actual taxes ... A: This is a great question, and I wish I could give you a definite answer, but I can't. The answer ...
Renting and Owner has filed Bankruptcy	5/27/2008
Q: Two months ago my family and I began renting a home in CA on a month to month basis and paid one ... A: It depends in part on what chapter of bankruptcy was filed. In the absence of contrary ...
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 obviously can't answer the first question without a lot more information. As to your second, it ...
Payment made after bankruptcy discharge	5/13/2008
Q: The bankruptcy discharge was granted in 2003 which included a debit from a utility company from ... A: I highly doubt it. You made a voluntary payment on a discharged debt. You can call them and ask ...
Lawsuit Settlemet during Ch 7 Bankruptcy	5/10/2008
Q: I will soon need to file a Ch 7 bankruptcy but would like to know the following. There is currently ... A: Whatever interest you have in the rights to proceeds would be an asset of your bankruptcy. Whether ...
Self-Employment and Means Test	5/9/2008
Q: A small part of my income (about $6k) comes from a part-time job, for which I am an independent ... A: Well, I doubt the Trustee will make a stink about it, but you are required to list all income ...
Bankruptcy	5/8/2008
Q: Received discharge 1/06. Live in mobile park. Rent raised above rent control but in line with former ... A: I'm not sure I understand your question. If the lease existed when you filed your bankruptcy and ...
A creditor of someone who filed chapter 7	4/28/2008
Q: I won a small claims court judgement against an individual. Two months later he filed for chapter 7 ... A: It is most likely dichargeable, but depends on what the basis of the debt was and whether it was ...
bankruptcy	4/8/2008
Q: i had to refile my bankruptcy, last 2 times was because of loss of job and then divorce,this time I ... A: If the court issued a bar on refiling in the prior dismissal order, then you have to wait until that ...
Chapter 7	4/1/2008
Q: I am in the process of getting a loan and trying to consolidate my bills. Due to a separation from ... A: It's doubtful. If your creditor(s) can prove that at the time the loan was made you did not intend, ...
Inheritance	3/31/2008
Q: I am considering filing bankruptcy and have just found out I was named as second beneficiary ... A: Whatever you are entitled to receive under the inheritance is property of the bankruptcy estate and ...
Chapter 7 reaffirmation of car	3/22/2008
Q: In 2003 I filed a Chapter 7 bankruptcy pro se in the state of Colorado. I had indicated I wanted to ... A: If you received a discharge and did not do a reaffirmation agreement, then if they are trying to ...
Reaffirming a mortgage	3/20/2008
Q: I live in MA and have been advised not to reaffirm my two mortgages or cars. If I chose not to ... A: Yes, that is my understanding, with respect to debts secured by real property. On the vehicles, I ...
credit cards before chapter 7	3/17/2008
Q: my son is beginning to think about filing for bankruptcy. He has a lot of debt that he obtained from ... A: the longer he waits before filing his case, the less likely it is that the banks will object to the ...
No Reaffirmation/Foreclosure	3/15/2008
Q: We filed our bankruptcy pro se in Colorado and did not complete a reaffirmation to keep our house ... A: If you did not do a reaffirmation agreement, then you owe no further obligations to the lenders. If ...
Judgment/Lien After discharge	3/14/2008
Q: I know, wrong move, but I filed chapter 7 pro se on March 29, 2007 and received a discharge in july ... A: I do not practice in state court, so this is not my area of expertise. It doesn't sound to me like ...
Judgment/Lien After discharge	3/14/2008
Q: I know, wrong move, but I filed chapter 7 pro se on March 29, 2007 and received a discharge in july ... A: First of all, you don't seem to understand the difference between a judgment and a lien. A judgment ...
Reaffirmation	3/5/2008
Q: If the bank is giving me the opportunity to reaffirm my car loan but the trustee is still requesting ... A: Again, whether you reaffirm the debt on the vehicle has absolutely nothing to do with the Trustee ...
chapter 13 income	3/4/2008
Q: I have been living on money made from overtime for some time now and that has come to an end. No ... A: It will be counted on the calculation of your disposable income on the means test, but not on your ...
ID at meeting of creditors	2/15/2008
Q: I have a meeting of creditors coming up and I the ditzy lawyer that is handling my case just told me ... A: Passport and drivers licenses don't have your SSN on it. Usually they will accept something ...
chpter 13 and tax refund	2/7/2008
Q: we filed chapter 13 5 months ago, it is a 5 year plan. When we get our tax refund we were told that ... A: It depends on what the order confirming your plan states, as well as what the rules are in your ...
Lien against me	2/6/2008
Q: Today ( 2/5/08) I reicieved a letter telling me a judgement was granted against me for 125,000.00 ... A: Yes you can. Whether or not the debt would be dischargeable in the bankruptcy is another question ...
Bankruptcy Chapter 7	1/31/2008
Q: I moved in with my boyfriend and recently switched to a job which pays allot less than I used to get ... A: The checking account is an asset which must be listed as such on the bankruptcy. Depending on what ...
Home Foreclosure Notice	1/30/2008
Q: I filed chapter 7 bankrupcty recently due to overwhelming credit card debt. I did not include my ... A: Foreclosure laws vary by State, but if you don't pay your mortgages, obviously they can foreclose. ...
Winnings after Bankruptcy	1/29/2008
Q: This is a strange question, BUT, I am from Los Angeles and am in the casting pool of several Network ... A: As long as you had no rights or entitlement to the winnings on the date you filed your bankruptcy ...
Bankruptcy & Tax Returns	1/28/2008
Q: I was wondering, my husband and I filed bankruptcy on 5-07 but we are expecting a tax return; will ... A: I assume you mean a tax refund. Whether you can keep that or not depends on the exemptions you have ...
Chap 7 rescinding	1/26/2008
Q: After meeting with the trustee I was told he would take my income tax refund nearly half the $ I was ... A: You can file a motion to dismiss your case, but these are rarely granted in Chapter 7 cases. The ...
chapter 7 ?	1/21/2008
Q: I am looking to file a chapter 7 BK on my own. I have not filed tax returns for the last 3 years. ... A: You should have your returns filed, but in my opinion, it is not required. You are required to ...
Family Gifts of Money	1/14/2008
Q: I would like to give money to a relative monthly to help them out. They are about to file a BK in ... A: I don't know what you mean by "involved". If you give a gift to them, they will need to disclose ...
Liens after Bankruptcy.	1/14/2008
Q: In Aug. 2005 I filed Ch. 7 with no hassle it was discharged and closed Dec 05. On my BK I listed a ... A: They have to release the lien if it is paid off. They are refusing to release the lien if you sell ...
Chapter 13 and Rent Payment	1/11/2008
Q: I am in Utah. I would like to ask if it is correct for my tenant to claim she is covered by a ... A: It's always safest to get relief from the automatic stay to do anything. Worst case scenario is the ...
1988 Bankruptcy	1/10/2008
Q: I Filed Bankruptcy in 1988. there was a student loan for 8,000.00 that was listed. I have gone ... A: Well, this all depends on whether or not the student loans were discharged in your prior bankruptcy ...
chapter 13	12/31/2007
Q: Two question's. 1st. My husband and I have filed chapter 13 and we go to court on Jan 29, 08. We ... A: 1. That depends on the rules of your jurisdiction, but usually tax refunds must be included in your ...
Bankruptcy on a foreclosure	12/27/2007
Q: We have a piece of vacant land that we foreclosed upon through foreclosure proceedings that was ... A: That depends on about 100 different factors. You need to consult with a bankruptcy attorney located ...
Bankruptcy and leins	12/27/2007
Q: Mr. Markus, Heres the cliff note version of what happened and what I want to do. I was hit by a car ... A: Yes, they can discharge the debt in a bankruptcy, unless it was incurred while driving while ...
Income increase during BK7?	12/26/2007
Q: I just filed a (non-consumer debt) Chapter 7 BK in Indiana. I've been at my current job for a year ... A: Well, that really depends on a number of factors, including the Trustee in your case and how the ...
Dismissal of lien in bankruptcy	12/21/2007
Q: I intend to file a lawsuit regarding a personal injury case because they were apparently ... A: That's not just a yes or no answer. If the lien, when recorded, impairs an exemption to which they ...
state tax lien filed after bankruptcy filed	12/19/2007
Q: My parents filed a personal Chap 11 in 1991 and then the state of Ohio filed a tax lien on their ... A: What I have found out so far is that the answer depends on Ohio law, of which I have no knowledge. ...
SBA loans	12/17/2007
Q: I recently found out that two of my business loans are SBA loans. They are guarenteed at 50%. Are ... A: The fact that the SBA loan is insured has no effect at all on your, or your LLC's, respective ...
SBA loans	12/17/2007
Q: I recently found out that two of my business loans are SBA loans. They are guarenteed at 50%. Are ... A: I still don't understand what you're saying. Your SBA loans are guaranteed by the SBA? What does ...
Bankruptcy in New Jersey	12/16/2007
Q: How long does one have to wait before they can file bankruptcy a second time in the state of N.J. ... A: OK, you can file another bankruptcy at any time, but if you want to receive a discharge of debts, ...
unconfirmed chapter 13 refund	12/14/2007
Q: The trustee mailed a refund check made payable to me for over $1300.00 due to an unconfirmed chapter ... A: Again, whether they can do this depends on the retainer agreement you signed with them as well as ...
Amendment Questions	12/14/2007
Q: I filed bankruptcy with a do it yourself kit online, thus no attorney representation. I went before ... A: If you don't use an attorney, you risk having problems. Bankruptcy is a very complicated, ...
Amendment Questions	12/14/2007
Q: I filed bankruptcy with a do it yourself kit online, thus no attorney representation. I went before ... A: Without a doubt you should hire an attorney immediately. There are way more issues here than merely ...
unconfirmed chapter 13 refund	12/13/2007
Q: The trustee mailed a refund check made payable to me for over $1300.00 due to an unconfirmed chapter ... A: If you're asking whether your attorney can require you to sign over a check made payable to you, ...
Bankruptcy and Direct debt to Columbia University	12/11/2007
Q: I owe Columbia University money for tuition from back in 2002--I was not given any financial aid and ... A: Seems like the consensus I'm getting is that MOST bankruptcy courts will find that the withholding ...
Bankruptcy and Direct debt to Columbia University	12/11/2007
Q: I owe Columbia University money for tuition from back in 2002--I was not given any financial aid and ... A: It has been a long time since I have researched this issue, but I do believe that if you file ...
mortgage included in BK, are we still obligated to pay ?	12/11/2007
Q: My husband and I filed Bankruptcy Chpt 7 in Oct 2006. It was discharged in Jan 2007. Our 1st and ... A: Sorry, I don't know any tax attorneys in that area. Dischargeable debts are all debts not of the ...
mortgage included in BK, are we still obligated to pay ?	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: The debt probably was discharged, but that doesn't extinguish the lien rights the mortgage company ...
BK & how long stay in home & judgment	12/10/2007
Q: We are thinking of filing BK, in Calif. We have been using credit cards for the past 3months to make ... A: OK...this is a very complicated set of questions. I will do my best to give you a brief response, ...
Bankruptcy and Commercial Mortgage	12/7/2007
Q: I hold a mortgage on a parcel of vacant land, which I sold to the buyers. The Buyers, an LLC, is ... A: You're right, that doesn't seem correct. If you hold a valid lien against the property, then you ...
Bankruptcy chapter 7 lein vehicle	12/7/2007
Q: I am about to file bankruptcy but my husband doesn't want his truck taken away, if we file ... A: Whether you can keep the vehicle depends on how much equity it has, what exemptions you have ...
divorce and chapter 13	12/7/2007
Q: my divorce was final dec. 2005. In my divorced settlement I was to recieve 1250.00, 750 for attorney ... A: It depends whether the $1250 was in the nature of support/alimony or whether it was part of the ...
Chapter 7 or withdraw	12/5/2007
Q: My wife and I filed a Chapter 13 in September 2004. The plan was confirmed in December 2007 and ... A: Yes, you can either dismiss your case or convert to Chapter 7. As to which would be best, that's ...
secured loan	12/5/2007
Q: I just completed 341 meeting in Atl Ga for chapter 7. The car I used for collateral on my loan is ... A: I'm not sure what you mean by exempt. Being exempt has nothing to do with reaffirming. If you have ...
secured loan	12/4/2007
Q: I just completed 341 meeting in Atl Ga for chapter 7. The car I used for collateral on my loan is ... A: It depends on who the secured creditor is and what position the courts in your jurisdiction take on ...
Severance pay owed in Bankruptcy	12/4/2007
Q: I have a contract for severance and an equity position in a company that let me go in July with 3 ... A: You can't force him to give you a lien, but if he does so voluntarily, that would be OK. However, ...
Bankruptcy and repossession	12/3/2007
Q: I and my husband filed bankruptcy just before the laws had changed (Minnesota). we included our ... A: Presumably Toyota had a lien against your vehicle so if you did not pay them per the terms of your ...
Builder and Bankruptcy	11/29/2007
Q: We hired a builder in the summer of 2006. In December of 2006, he began bankruptcy proceedings ... A: I am in California, so I don't know exactly what the case law down in Georgia is, but if it was a ...
Builder and Bankruptcy	11/29/2007
Q: We hired a builder in the summer of 2006. In December of 2006, he began bankruptcy proceedings ... A: You don't give enough information for me to answer, but I will make some assumptions. Assuming he ...
means test on non consumer debt	11/15/2007
Q: We had planned on filing a chp 13 to soley get rid of 2 condos. We plan on paying everything else at ... A: Actually, I may have been incorrect in what I said before. You may still qualify for a Chapter 7 ...
means test on non consumer debt	11/15/2007
Q: We had planned on filing a chp 13 to soley get rid of 2 condos. We plan on paying everything else at ... A: You are correct about the means test not applying under your facts. However, in most jurisdictions, ...
unconfirmed chapter 13	11/10/2007
Q: I filed chapter 13, but it was never confirmed. My debt was only my home and I was able to discharge ... A: as long as the credit report is accurate, it's ok. If they are reporting that you filed a ...
bankruptcy fraud	11/9/2007
Q: Again, I apologize. The question I want to ask is can I file a claim with the bankruptcy court for ... A: I understand. Unless he filed a Ch. 13 case, he cannot discharge the obligations he owes you from ...
bankruptcy fraud	11/9/2007
Q: Again, I apologize. The question I want to ask is can I file a claim with the bankruptcy court for ... A: Well, if you have actual evidence of fraud, you can contact the Trustee in his case and provide the ...
bankruptcy of investment co	11/3/2007
Q: If I hold a 1st deed of trust on a piece of property and the investment company bankrupts what ... A: Well, you haven't answered the equity question, but as long as you are fully secured, nothing will ...
chapter 7	10/31/2007
Q: My husband and I filed a chapter 13 in 7/02 and completed in 6/04 @ 100%. We live in TN. can we now ... A: Actually, I just noticed that you said you paid 100% of the unsecured claims in your Chapter 13 ...
Bankruptcy or Not?	10/29/2007
Q: If I file business bankruptcy, does it affect me personally? I know that if I signed a personal ... A: Whether you are liable on a debt or not is a matter of State contract law, not bankruptcy law. I ...
Bankruptcy or Not?	10/29/2007
Q: If I file business bankruptcy, does it affect me personally? I know that if I signed a personal ... A: If you mean filing bankruptcy for a corporation, no it doesn't affect your personal liability in any ...
chapter 7 car loan	10/28/2007
Q: Me and my husband are planning on filing chapter 7 bankruptcy. We currently have 2 cars both with ... A: The best way is to hire an attorney who can properly advise you. It doesn't matter when you ...
bankruptcy	10/27/2007
Q: I filed for bankruptcy in 91' and have received a call from a creditor wanting payment. This ... A: If you received a discharge in your bankruptcy case, the creditor is in violation of the post ...
Tenant rights when Landlord files bankruptcy	10/23/2007
Q: My girlfriend and I signed a year lease in August, 2007 to rent a single family house in Sacramento, ... A: You really need to consult with a landlord/tenant attorney on this, but as far as the bankruptcy ...
Credit Card Timeline	10/19/2007
Q: I tried the credit consulting first, but family/friends suggested I speak to a lawyer. I went ... A: there is a presumption that any consumer debts totalling over $500 incurred within 90 days prior to ...
chapter 7	10/15/2007
Q: I filed bankruptcy in 1999, it was discharged in feb 2002. I can file for chapter 7 but it just ... A: If you want to be able to discharge your debts, you have to wait until 8 years have passed since you ...
Bankruptcy and Judgment	10/11/2007
Q: I received a judgment from my Association Co. issued on Oct 9th. My apartment is going to ... A: No, they cannot enter a judgment after your case is filed. You need to have your attorney file a ...
bankruptcy, forclosure, taxes	10/6/2007
Q: I find myself in the situation of having to claim bankruptcy. I am also going to give up my house.I ... A: As I stated before, if you file the bankruptcy before the foreclosure, there will be no income to ...
bankruptcy, forclosure, taxes	10/6/2007
Q: I find myself in the situation of having to claim bankruptcy. I am also going to give up my house.I ... A: Congress is actually debating a new law right now that would make forgiveness of mortgage debt ...
Judgement	10/1/2007
Q: I'm hoping you can help. I was awarded a judgement. It had to do with a breech in contract on real ... A: I'm not sure what your issues are. Are you saying that if you'd gotten a notice of the bankruptcy ...
CHAPTER 7 AND MY MORTGAGE	9/30/2007
Q: Stanislaus County, Modesto, CA. I am currently employed in the mortgage business and have not made ... A: possibly in a Chapter 13 case. You need to check with an attorney in your area to see what the ...
Bankruptcies in the Corporate World	9/19/2007
Q: We are a small company that makes aircraft parts. We made some parts for a company called AIRBASE ... A: I'm assuming if they "re-opened" that this was a Chapter 11 reorganization case, and not a Chapter ...
personal bankruptcy and LLC.	9/14/2007
Q: My house got foreclosed and I have 2nd mortgage loan debt and other credit card debts and I have a ... A: Your interest in the LLC is an asset of your bankruptcy estate. Depending on what your interest is ...
Unsellable Investment Property	9/13/2007
Q: My husband is in mortgage business and has gone back to old job 3/4 time to bring in some income as ... A: Probably, yes, but there is no way to answer your question without having a comprehensive ...
reaffiming	9/12/2007
Q: how do you save your home while trying to reaffirm the agreement, but your income barely covers ... A: Unless Virginia has some laws of which I'm unaware, a mortgage does not need to be reaffirmed. You ...
reaffiming	9/12/2007
Q: how do you save your home while trying to reaffirm the agreement, but your income barely covers ... A: I'm not sure I understand your questions or facts. Whether you can keep your home depends on a ...
Collection Agency reporting outside bankruptcy	9/11/2007
Q: A collection agency was filed on my bankruptcy. They did not report their claim to the court by the ... A: It depends on what chapter you filed, whether you received a discharge of debts, and where your case ...
Bankruptcy dismissal	9/10/2007
Q: My lawyer will not help me get my payments to the trustee down, and I have fallen behind in ... A: If you cannot make the payments that are necessary to comply with your plan, or modify them, then ...
Bankruptcy Question	9/10/2007
Q: I was wondering if you had a moment to help me. Yesterday my dad and I went to a car dealership to ... A: Whether he can "qualify" for bankruptcy I will leave up to his bankruptcy attorney. That is far too ...
New Bankruptcy laws in Calif.	9/5/2007
Q: I was wondering if there are any new bankruptcy laws in California that make it more difficult for ... A: State exemption amounts change regularly every couple of years, usually increasing. The federal ...
chapter 7 and LLC assets	8/31/2007
Q: I own a single member LLC that I used to buy equipment related to my business. I made some bad real ... A: It depends on what exemptions you have available under your State's laws. Your interest in the LLC ...
Business Bankruptcy and Personal Property	8/28/2007
Q: I entered into an verbal agreement about six months ago (unfortunately not documented) with the ... A: If it is a valid contract, then the corporation can still enforce the contract. But if they're out ...
Amending Bankruptcy	8/15/2007
Q: I filed Chapter 7 and it was discharged March of '06. I am getting bills from people I didn't even ... A: That depends on the laws of the jurisdiction where you filed. In most jurisdictions, if it was a ...
Bankruptcy and Second Mortgages	8/13/2007
Q: My husband and I filed Chapter 7 Bankruptcy. It was discharged Sept 2005. Included in the Bankruptcy ... A: When was the agreement set up with the second? Was this a reaffirmation agreement filed with the ...
Chapter 11 Employee Lay-Off	8/3/2007
Q: My 30-person CA based company recently filed Chapter 11, and laid off 15 employees: I was one of ... A: You have a priority claim up to $10,000 for wages/commissions earned within 180 days prior to the ...
bk reaffirmation letter/auto	7/29/2007
Q: If my car is financed with wachovia dealer services and I have filed a chpt 7 do I have to sign a ... A: That is a very difficult question to answer. Most of the time, depending on the laws of your State, ...
2nd Mortgage Charged off, then sold	7/23/2007
Q: My second mortgage of $50,000 was charged off by Chase during my Chapter 7 bankruptcy. My first ... A: If you owed the debt on the date your bankruptcy case was filed, then the debt was presumably ...
2nd Mortgage Charged off, then sold	7/23/2007
Q: My second mortgage of $50,000 was charged off by Chase during my Chapter 7 bankruptcy. My first ... A: "charged off" is merely a bookkeeping term and has no legal relevance. Chase sold its loan to B&B. ...
bankruptcy/credit report	7/21/2007
Q: If a ceditor didn't show up for the discharge hearing, can i have them removed from my credit ... A: There is no such thing as a discharge hearing in most cases. If you are referring to the Trustee's ...
I've changed my mind re: BK	7/14/2007
Q: California resident. I hired a lawyer to handle my Chapter 13. I've made my first payment to the ... A: I can't answer your first question--that is something your attorney should advise you on. As to ...
I've changed my mind re: BK	7/13/2007
Q: California resident. I hired a lawyer to handle my Chapter 13. I've made my first payment to the ... A: I you haven't previously dismissed or converted your case, you can usually dismiss your CHapter 13 ...
bankrupcy	7/13/2007
Q: what does it mean when my trustee is goin to dismiss my case because i'm 6 months late on my ... A: Well, your question is a bit vague, but it means that you're probably in a Chapter 13 case, that you ...
C-Corp and Bankruptcy	7/12/2007
Q: A friend of mine started a business in CA and hired me two months later. He offerred me half the ... A: your liability depends in part on which debts you guaranteed, and the state and non-bankruptcy ...
Bankruptcy Judgement	7/3/2007
Q: About 2 years ago while living in my Florida home I declared bankruptcy and had my unsecured debt ... A: If they have liens recorded against your property, and those liens were recorded prior to your ...
bankruptcy and restitution	6/30/2007
Q: i was recently awarded $5,500 restitution in criminal court to be paid in 14 monthly installments of ... A: Well, you should consult with an attorney in the location where the case was filed, but there's ...
Dismissing BK 13	6/29/2007
Q: I just started this process to protect my home(in CA). While I was in my Trustee Meeting today (341 ... A: You can voluntarily dismiss your case at any time if it wasn't previously converted from another ...
release of judgment after BK	6/26/2007
Q: Why has a judgement (for a car) that was on my credit still there even though it was filed before I ... A: If you received a discharge and they are incorrectly reporting that you still owe the debt, you can ...
Bankrupt Process	6/25/2007
Q: I am going to fill bankrupt to force a payment plan of back child support arrears. I talked to an ... A: It depends on what chapter you're filing under. In a CHapter 7, it likely would not stop the ...
length of bankruptcy?	6/24/2007
Q: I filed for Chapter 7 in 1997, before the laws changed. I thought that it would be removed from my ... A: NO, absolutely the opposite. When the law changed in relation to your bankruptcy is utterly ...
bankruptcy?	6/23/2007
Q: We have a family member that has cancer and the mortgage is too much to handle. Because of the ... A: The only way to properly assess your options is to have a comprehensive consultation with a ...
Student loan debt	6/21/2007
Q: I attended the Philadelphia Art Institute from 1991-1994. The cost was approximately $15,000. I have ... A: Student loans are not dischargeable in bankruptcy unless you can prove "undue hardship" after a ...
Chapter 13 bankruptcy	6/16/2007
Q: My chapter 13 bankruptcy was dismissed due to the fact that I have not received credit counseling. ... A: That 15-day period only applies if you filed the required statement with your petition that you have ...
Bankruptcy and Lien on account	6/7/2007
Q: I am filing for bankruptcy but, unfortunately I have a lien on my bank account. Will the lien be ... A: If it is a valid lien, it will survive the bankruptcy case, meaning that anything the lien attached ...
Relief from ex-spouses debt	6/5/2007
Q: My situation is this: My fiance and I are getting married this weekend and have found a fabulous ... A: No there isn't, except to pay the debt. This is not a bankruptcy issue. Your fiance owed the debt ...
Post 341	5/23/2007
Q: We filed Chapter 7 last month and attended the 341 meeting last week. At the 341, the trustee asked ... A: No, you file the Form 23 with the post petition financial management certificate attached. This ...
Vehicle Reafirmation	5/16/2007
Q: Mark, my bankruptcy was discharged last week. My lawyer's office failed to send the re-affirmation ... A: Ahh, well, yea if it's with Ford you need to do a reaffirmation agreement....or sell it. Most ...
Disposition:	5/10/2007
Q: I have a client that shows 3 BK on their credit report, two CH-13 that both "dismissed" and they are ... A: If something is inaccurate on a credit report, you need to go through the administrative process of ...
Small court judgment stayed pursuant to Notice of Bankruptcy	4/24/2007
Q: I sued and won a $6700 judgment (for fraud) against someone in CA small claims court back in ... A: Well, I suppose you could file a motion to reopen the bankruptcy case to have the judge determine ...
our client filed bankruptcy	4/16/2007
Q: We had a recorded deed of trust on our client's home in shasta county, ca for $6000.00. The client ... A: What Chapter was filed? When was your lien recorded in relation to the bankruptcy case being filed? ...
leased vehicle California	4/10/2007
Q: Our CH 7 bk was discharged in Oct of 2005. we had a leased vehicle from a Nissan dealership in the ... A: If you did not reaffirm the debt, then they cannot collect on any deficiency, although they can ...
Judgment len	4/5/2007
Q: A judgment len was filed on my house in 1992 for a debt of my sons after he had filed bankruptcy. I ... A: Well, several questions arise: 1. Why did they put a lien on your house if it was your son's debt? ...
Bankruptcy and divorce decree	3/26/2007
Q: I kept the house in the divorce decree. My ex-husband was to remain in the house and was ordered to ... A: If it is a domestic support obligation, it is NOT dischargeable without any further action by you. ...
Question...	3/22/2007
Q: I was discharged in May 2000. Prior to my bk, I was paying $616 a month for my vehicle and due to a ... A: I find it unlikely that you would still owe money on a vehicle that you owed money on in a ...
Quit Claim	3/8/2007
Q: for the prompt answer. What if you borrow a second on the house to pay back a debt, would that ... A: If you borrow against the house, that will create a lien which will decrease the realizable equity ...
discharable debt	3/5/2007
Q: my job is closing and offering severence packages if I get severance pay can the trustee take any of ... A: It depends on when the severance pay was earned. I assume you're talking about getting severance ...
Discharge debt	3/3/2007
Q: I file bankrupty in Sept 2005. My debt has been discharged as of 3/26/2006. But my case is still ... A: First of all, whether an asset can be taken by the Trustee has nothing to do with when or if you ...
Time for adding creditors not originally listed	1/29/2007
Q: What if there is a notice of asset case for which notice of deadline for filing proof of claim was ... A: That's an excellent question and I would have to research the case law on that to give you a ...
6000.00 extra fee	1/29/2007
Q: Markus my name is Olga and I live in Florida. My husband and I filed chapter 13 and have opted to ... A: It seems like you are asking a tax question, rather than a bankruptcy question. If you disagree ...
chapter 7	1/27/2007
Q: I am going to file chptr 7 and need to know what effect this will have on royalty payments I receive ... A: The royalties are assets of your bankruptcy estate and must be valued. Whether and to what extent ...
I think my attorney made a mistake!	1/22/2007
Q: I have a question for you; I have what have turned out to be private student loans; when I went into ... A: I'm sorry, but I do not understand your question. Are you asking whether or not the student loans ...
chapter 13 dismissal	1/20/2007
Q: My chapter 13 is in the process of being dismissed due to late payments. I do not have records of ... A: If your case is dismissed, you can re-file it, but the automatic stay will only exist for 30 days. ...
chapter 13 payment decreased due to child support payment	1/18/2007
Q: If I went the full 5 yrs in the plan, but due to the decrease payment will mortgage company allow me ... A: I have no idea if your mortgage company will allow you to refinance. You will receive a discharge ...
two houses	1/10/2007
Q: i have one house which the forclosure sale is jan 16 and i do not want to keep this property do i ... A: The answer to your first question is no, you don't need to file before the foreclosure if you're not ...
reverse automatic stay hearing	12/19/2006
Q: I do not understand what you mean. Everything was correct..My plan is confirmed and I have been ... A: You stated that (I assume) your Plan reflects a payment of the entire mortgage, and not just the ...
Bankruptcy	11/27/2006
Q: We didn't include it on our paperwork do we need to have the lawyer do paperwork or can we just turn ... A: I don't know what you mean by "you didn't include it in your paperwork". You are required to list ...
bankruptcy laws	11/16/2006
Q: I have several questions about the time frames between bankruptcy filings. I am doing a report on ... A: The answer to all your questions, as stated, is "at any time". However, what I think you were ...
18 creditors left out??	11/12/2006
Q: I filed a ch7 No Asset Bankruptcy in Maryland that was discharged in Feb 06. I went through an ... A: You should consult with a bankruptcy attorney in Maryland on this. In most jurisdictions, in a ...
Adding a creditor, curious!	11/11/2006
Q: I have an attorney handling my no-asset Chapter 7, but I am curious as to why a non-listed creditor ... A: Your facts are a bit incomplete. In what court was this lawsuit filed? Bankruptcy or State court? ...
being sued right before filing	11/4/2006
Q: This is the first time I am filing for bankruptcy ever. Infact this lwayer is on the list of ... A: I don't know what the time-frame is in New Jersey, but they certainly can't get a judgment against ...
Bankruptcy with a Judgement on me	11/3/2006
Q: How and what are the next steps for filing.Two creditors have filed judgements on me one for $8,000 ... A: You need to contact an attorney in your area for a comprehensive consultation. If you live in ...
Bankruptcy- should I?	11/2/2006
Q: I am considering filing for bankruptcy I have alot credit card debt & one big personal loan and I ... A: 1. Whether and to what extent it would affect your spouse depends on the laws of your State ...
creditor seeking notice seeking relief	10/23/2006
Q: ------------------------------------------- The text above is a follow-up to ... how long do i have ... A: I assume you mean an Opposition. The Motion, according to you, was filed by the creditor. Time ...
refiling	10/21/2006
Q: My bankruptcy was dismissed because they said I was sent notice to take a counseling course which I ... A: Yes, it should stop the repossession, but since your prior case was dismissed, the automatic stay in ...
judgements placed before chapter 7	10/16/2006
Q: There is actually two judgements, october 13, 2005 and Jan 3, 2005. He filed in Oct 2004. What ... A: If he owed on the debts before he filed his bankruptcy case, and they obtained a judgment AFTER he ...
judgements placed before chapter 7	10/15/2006
Q: My son filed chapter 7 which was discharged April 20, 2005. He and his ex wife are selling a house ... A: If the lien was recorded more than 90 days prior to the FILING of your son's chapter 7 case (it has ...
Judgement prior to filing Ch 13	10/13/2006
Q: My wife had two judgements against her in June 2003. A couple weeks later, we filed a chapter 13. ... A: If the mortgage company (more likely the Title Insurance company) is insisting on paying the ...
Bankruptcy for exhusband	10/12/2006
Q: I need some questions answered and not sure where to go. My ex husband just told me he filed for ... A: First, it's important that you understand a legal distinction about who owes who here. The divorce ...
chargeoff as income	10/3/2006
Q: what year do you claim charge offs in a bankruptcy as income? the year filled bk or the year ... A: if by "charge off" you mean a debt that is discharged in bankruptcy, it is not income in any year, ...
So	10/2/2006
Q: Since the meeting is n't until October 5, 2006. The stay could not have been relieved? or would it ... A: relief from stay has nothing to do with your trustee's meeting. I have no idea whether the stay has ...
I did	10/2/2006
Q: Istill only see the question you asked aboutwhich chapter I filled.I think there is some confusion ... A: In a chapter 7 case, you have the option of doing one of 3 or 4 things, depending on the laws of ...
I have filed for bankrupcy, but	10/1/2006
Q: I have 2 secured creditors that are saying I owe them more than I do. My lawyer says this is not for ... A: In a chapter 7 case, you have the option of doing one of 3 or 4 things, depending on the laws of ...
tax liens	9/28/2006
Q: I have a customer that wants to refinance his mortgage to payoff a federal tax lien. His brother ... A: YOu are correct. The lien cannot be removed in a bankruptcy. It is possible that the underyling ...
Bankruptcy/Savings Bonds	9/20/2006
Q: If I have to file bankruptcy (the kind where every dept is discharged), do I have to cash and turn ... A: They are an asset (it doesn't matter whether they are "liquid" or not). Whether you have to turn ...
paperwork	9/17/2006
Q: I want to file for bankruptcy but dont have any of the paperwork for bills or loans. Do I need them ... A: Yes, you have to make a good faith effort to obtain the names and addresses of your creditors and to ...
Lawsuit	9/15/2006
Q: I just got served for a lawsuit from a law firm/ collection agency for a credit card debt over ... A: The only way to properly evaluate your options is to go through a comprehensive consultation with a ...
FORGOT TO LIST A CREDITOR IN BANKRUPTCY TWO YEARS AGO	9/14/2006
Q: I apologize, I filed my bk in Redding, CA. The creditor is pacific bell for a phone bill, was not ... A: Again, assuming it was a no-asset chapter 7 case, it's not dischargeABLE--It was dischargED. You ...
FORGOT TO LIST A CREDITOR IN BANKRUPTCY TWO YEARS AGO	9/14/2006
Q: I have a question. I filed for bankruptcy and received my discharge in june 2005. I just now ... A: If you filed a Chapter 7 and it was a no-asset case, then in most jurisdictions (you don't indicate ...
BK & Marriage	9/13/2006
Q: Would the BK affect her credit rating at all? She is from Canada and has just gotten a new SS ... A: If she doesn't file the bankruptcy then it will not affect her credit. Of course, regardless of ...
Important Question	9/12/2006
Q: I want to know can I get off Bankruptcy. If I find a company to pay off my debt in full.I know that ... A: I am not your bankruptcy attorney and have no vested interest in whether you stay in bankruptcy or ...
4 year statute	9/7/2006
Q: I am a California resident who has only credit card debt. It is spread out over about a dozen ... A: If it has in fact been over 4 years since you made a payment or any charges on the card, then you ...
Bankruptcy & Judgement	9/6/2006
Q: I filed for chapter 7 bankruptcy on 5/05 (discharged 8/05)and included an auto loan in this claim. ... A: Depending on where your case was filed, in most jurisdictions the judgment the auto loan company got ...
Discharge of a non listed debt	9/6/2006
Q: I have a civil contempt judgment against my ex-wife for $197,000 issued in Oct 2004. $132,000 of ... A: Unfortunately, she is probably correct. If her case was a "no asset" case, then it does not matter ...
Chapter 7	8/29/2006
Q: Michigan. Included two vehicles and neither company has come to get them? Neither is worth much, ... A: If your Statement of Intention said you were surrendering the vehicles, you need to create a paper ...
Late fees assessed on Mortgage in CH 13 Plan	8/25/2006
Q: My husband and I filed a Chapter 13 bankruptcy 9/02. After four long years of hard work, the ... A: Not legally, but this happens all the time. You need to check the proof of claim they filed in the ...
vehicle discharged in BK, now collections for balance?	8/20/2006
Q: I filed CH 7 in California 5/2002. Included and discharged was vehicle which I surrendered--did not ... A: Under the facts as you've stated them, you have no further obligation on the vehicle. The ...
Bankrupcty vehicle	8/16/2006
Q: My Chapter 7 bankruptcy was discharged in june 2005. At the time I wrote GMAC stating I decided to ... A: OK, several things you're saying are inapposite. Discharge "papers" don't say anything about ...
Section 547b	8/8/2006
Q: My bankruptcy has already been discharged. I am trying to recoup some money that was collected (by ... A: To my knowledge, you do not have Standing to bring a preference action. That is something that the ...
Time to Respond to Amended Adversary Complaint	8/1/2006
Q: If an Adversary Complaint is filed against you, you typically have 25 days from the service of the ... A: I can't address what is or isn't fair, but the Federal bankruptcy Rules state that you have a ...
Creditor not filing	7/27/2006
Q: They vehicles were provided for in the plan and very clearly put into the plan structure. We have in ... A: If the payments have not been received by the creditor, then they have the right to seek court ...
Creditor not filing	7/27/2006
Q: Our chapter 13 was accepted and ruled on in 2005. We have made every payment on time. I recently ... A: I don't know what it is that the credit union failed to file, but if you made the monthly payments ...
bankruptcy 13	7/26/2006
Q: I've been bankruptcy for 1 year. The only thing that I want to save in bankruptcy is my house. ... A: You would have to check with your attorney as to the procedure for doing that in your jurisdiction ...
Car repossessed	7/24/2006
Q: We filed for bankruptcy in Aug or Sept 2005 and it was discharged in Oct 2005. At that time we ... A: If you did not sign and file a reaffirmation agreement on the vehicle loans, then the debts on them ...
Debt Discharge	7/23/2006
Q: In 1998 I filed for bankruptcy with the majority of the items being back taxes due to a business ... A: Taxes are either dischargeable or not. It does not require any action from the taxing agency ...
having a comaker on loan that debter filed bankruptcy	7/19/2006
Q: when a debtor on loan files chapter 13 bankruptcy and there is a comaker on the loan disclosure, ... A: If someone else is obligated on the same loan as the debtor who filed a Ch. 13, then the only way to ...
converting to a chapter 7	7/17/2006
Q: i filed chapter 13 and haven't made several payments can i convert it to a chapter 7 and still save ... A: Yes, you can convert it to chapter 7. How that would affect your home and other assets is way beyond ...
BANKRUPTCY OR DEFAULT & CONSEQUENCES	7/13/2006
Q: 1. DO I QUALIFY FOR 7 OR 13 ? 2. UNSECURED DEFAULT ? WHAT IS POTENTIAL CONSEQUESNCES PLEASE CALL ME ... A: There is no way to determine what your qualify for without first having a consultation. If you live ...
income	7/13/2006
Q: what qualifies it to considered in the monthly budget and if so can you list private school tution ... A: If it's income to you, then it is part of your monthly budget. You can list anything as an expense. ...
What to do ?	7/11/2006
Q: But this is the first letter that we received about a dismissal.Believe me if we had gotten a letter ... A: You are asking me to answer questions about documents that I have not seen. There is no way that ...
how can we get out of bankruptcy	7/3/2006
Q: My husband and I filed bankrutpcy in order to keep our house and i had some issues that i threw in ... A: You can dismiss your case, but of course if you do that, then the creditors secured by your house ...
Lack of Assets	6/29/2006
Q: We are considering filing for chapter 7. We live in an apartment and have no assets except for my ... A: Whether you can keep your cars depends in part on the exemption laws of whatever State you qualify ...
Third party collection after BK	6/20/2006
Q: I have a third party collecting debt on a loan that was Discharged in Jan 15 2002. This was an ... A: If in fact the debt you refer to was discharged, then they are violating the post discharge ...
convert 13 to 7	6/5/2006
Q: I recently filed a Chapter 13 BK. Prior to my Meeting of Creditor, I recieved a large selltlment ... A: Well, this really depends on how your plan is set up, what you mean by paying your secured creditors ...
Can I do this.	6/5/2006
Q: I am going to have to file bankruptcy sometime soon. I have little income, but some credit card ... A: Criminal restitution obligations are not dischargeable in any bankruptcy chapter. You can pay it ...
Second mortgage after Chpt 7	6/3/2006
Q: Was the lien filed when I took out the line of credit? I got the equity line of credit in 2003, ... A: A lien is filed to create a perfected security interest in the collateral for the loan. I've never ...
Second mortgage after Chpt 7	6/3/2006
Q: I'm not positive they have a lien on my home; however, if one exists it was filed AFTER I filed my ... A: I don't understand how they could get a lien after your bankruptcy case was filed and charge off the ...
Chapter 7, did not reaffirmation auto	5/31/2006
Q: I am making voluntary payments on my auto loan. My question is an the creditor still take the ... A: The answer depends on when your case was filed. If you filed before October 17, 2005, then they ...
bankruptcy & equity in home	4/20/2006
Q: I have been researching bankruptcy on the internet and trying to find out if we can file under the ... A: Equity is calculated by taking the fair market value of the property, then subtracting all liens and ...
bankruptcy	3/20/2006
Q: can student loans be discharged in a bankruptcy A: Only if you can prove, after litigation, that repaying them would impose an "undue hardship" on you. ...
Bankruptcy	2/9/2006
Q: I am getting ready to file for bankruptcy in Pennsylvania. I am getting a pretty good Tax refund ... A: Well, you're not very clear in what order you plan to do all these things, but I'll take a shot at ...
about chapter 13	12/29/2005
Q: Can you Please give me your impute, not legal advice, regarding the following: Say a person filed a ... A: that really depends on how the courts and trustees in your jurisdiction handle such things. ...
bankruptcy	12/4/2005
Q: Would you advise someone to file a bankruptcy on their own with no lawyer? I was wondering if it ... A: If you know of someone who is able to navigate the bankruptcy systems under the new laws who is not ...
bankruptcy	10/13/2005
Q: I filed Bankruptcy approximately 3 years ago. My house was included in the bankruptcy but I ... A: I don't know exactly what you are asking. The new lender is not affected by your bankruptcy case, ...
Ch.7 property valuation-joint tenency	10/12/2005
Q: From: James Fender Riverside County, CA Dear Mr. Markus In contemplating Chapter 7, would you ... A: Whether it reduces the risk depends on the amount of liens and encumbrances against the property and ...
Bankruptcy vs slugging it out	10/3/2005
Q: Mark, Thank you for volunteering your time. I'm writing to you on behalf of my girlfriend. She is ... A: Well, you don't say how much debt she owes, but bankruptcy is certainly one alternative. If she ...
bankruptcy judge	9/30/2005
Q: Markus! i needed to lay this out for you and ask something. about 4 months ago, i filed chapter 13 ... A: 1. You need to have him sign and then file a substitution of attorney form. 2. You can contact ...
advice	9/23/2005
Q: Markus! i was writing to ask advice. i live in miss., and about 3 months ago, filed chapter 13 ... A: Your question as stated doesn't make much sense. First of all, you don't file a discharge. A ...
time limit to file an adversary complaint, amendment to schedules to show an asset and exemption	9/10/2005
Q: Mr. Markus: Thank you in advance for taking the time to answer this. I have two questions: In a ... A: 1. Technically, no. THe property isn't abandoned back to the debtor until the case is closed. ...
Unexpected Inheritance and Bankruptcy	8/29/2005
Q: My parents live in Riverside County, CA. Brief background: My parents both worked for a religious ... A: I'm going to need to research the issue of splitting the homestead exemptions. Also, how long have ...
Effect of Bankruptcy on Garnishment	8/13/2005
Q: Creditor has a monetary judgment against Debtor. Creditor causes a Writ of Garnishment to be served ... A: The answer depends on the laws of whatever State the funds are being held in, but in general, I'd ...
Payng off a chapter 13	7/9/2005
Q: no other debts or unsecured debt at all) is there really anything to keep me from not having to pay ... A: The question you are asking really entails giving legal advice which I cannot do without reviewing ...
Is CAble TV a utility for bankruptcy purposes	7/6/2005
Q: Markus - I want to thank you in advance for answering my question. My question is, in California ... A: I have never heard of them cutting off service as long as you are current with the payments to them. ...
Bankruptcy affect on credit	6/13/2005
Q: First I'd like to thank you very much for your assistance. Here is some bankground: I declared ... A: Your questions can only really be answered after a comprehensive analysis of your and your fiance's ...
chapter 13	6/1/2005
Q: ------------------------- My question was in regards to filing a chapter 13, not 7, apparently you ... A: I'm sorry, that was a typo in my response. My answer was for Ch. 13, I just typed Ch. 7 ...
chapter 13 dismissal	3/25/2005
Q: i have currently been in chapter 13 for 18 months, i believe the 13 is about to be dismissed for ... A: You're asking me what your mortgage company will or won't do after your case is dismissed. I have ...
How to Start?!	3/19/2005
Q: Mr. Markus, Thanks in advance for your attention to this. My fiancee has had a 'challenging' credit ... A: Sure, that's easy. If your fiancee' lives in California, please have her visit my webpage at ...
Bankruptcy Question	3/16/2005
Q: I filed bankruptcy in December of 2003. Now the IRS sent me a letter saying I owe them over $3,000 ... A: It depends on what tax years you're talking about, when the returns were last due to be filed for ...
refiling banruptcy	3/1/2005
Q: ------------------------- Followup To---The original was a 13 it was converted to a 7 which has not ... A: Well, technically, I suppose if they filed another ch. 13 then another automatic stay would go into ...
bankruptcy	3/1/2005
Q: If one co-signs a student loan for someone, and they then latter declare bankrupcy(person who is ... A: You need to be a bit more clear about your facts, but if the co-signer files bankruptcy and receives ...
refiling banruptcy	3/1/2005
Q: If you initially filed a chapter 13 then converted to a chapter 7 how soon can you refile a chapter ... A: Well it depends possibly on whether the chapter 7 case is still open and what the disposition of ...
getting rid of old debts	2/23/2005
Q: What chapter would by used in a case like this? How much would it cost? How would it affect my ... A: The questions you are asking can only be answered after a comprehensive consultation with a ...
Bankruptcy/Inheritance	2/21/2005
Q: 19 Days after my bankruptcy was discharged my father died. My brothers, sisters and I are all named ... A: If he died within 180 days of the date your case was filed, then the money you are to receive is an ...
bankruptcy	2/3/2005
Q: The Trustee appointed in our case(we live in IN)is asking for us to hand over our tax check to ... A: 1. Because the tax refund is an asset of the bankruptcy estate and, unless you exempted it on your ...
Bankruptcy and tax returns	2/2/2005
Q: I am preparing to file for bankruptcy and I live in NY. I was wondering if I file for bankruptcy and ... A: I've never seen anyone take a tax return before, but if you mean a tax refund, that is required to ...
FILING CHPT 7	1/5/2005
Q: I have recently become overwhelmed w/ my monthly debt, namely due to large balance credit card debt ... A: There is no reason why you can't file a chapter 7 case after having just purchased a home. The ...
bankruptcy	1/4/2005
Q: I just purchased a new home in November 2004 with my first payment just paid for Januray 2005. I was ... A: I'm not sure I understand your question. If you are asking whether your credit card debts will be ...
Bankruptcy with a financed vehicle	12/30/2004
Q: Regarding Bankruptcy protection in the State of California for someone in his or her early 30's ... A: That's a lot of questions and I suggest that you contact me to schedule a time for a more ...
Crame down provision within a Chapter 11 Bankruptcy:	12/25/2004
Q: -Where can I read more about cram down policy! Do we need to have a plan in order to use cram down? ... A: Yes, of course you need a Plan to do a cramdown in a Ch. 11. You need to do a Plan in order to ...
Crame down provision within a Chapter 11 Bankruptcy:	12/25/2004
Q: The bankrupt business debtor wants a creditor within the case to assume a term loan and acquire the ... A: There's no way to answer that question without knowing a lot more facts. Cram down can work if the ...
Bankruptcy	12/8/2004
Q: I am in the state of California. When we first filed we had our home included in the plan to keep ... A: If your Ch. 13 case gets dismissed, you can file another Ch. 13 bankruptcy as long as the court's ...
Bankruptcy	12/8/2004
Q: We have filed for bankruptcy in August chapter 13. During that time we still made payments to all ... A: Your facts are a bit convoluted but I will try to answer your questions as stated. First of all, ...
After filing Bankruptcy	12/7/2004
Q: Let me first start out with telling you that what I think you are doing is great! My father filed ... A: Well, I'm sure these are questions your father's lawyer can answer. As to your first question, the ...
Judgements	11/30/2004
Q: Followup To Question - I would like to know...if a bank takes you to court after you have filed ... A: If you assume that, you would be incorrect. The bank can engage in whatever remedies are allowed ...
Can you claim judgements??	11/23/2004
Q: If a credit card company wins a judgement against me in court today, and I file chapter 7 in ... A: Yes, a judgment is dischargeable in a chapter 7 bankruptcy (assuming that's what you meant to ask) ...
Bankruptcy and judgements	11/19/2004
Q: I am a 50 yr old man. 3 years ago I was laid off from a $75,000 yr computer support job and was ... A: To answer your questions in order: 1. Yes, debts reduced to judgment are dischargeable in ...
Chapter 7	11/11/2004
Q: Mr. Markus: I have filed for Chapter 7 bankruptcy in Ohio. It was discharged August 13 of this year. ... A: Yea, I'm still not understanding what your attorney is thinking, so maybe I'm missing something. ...
Chapter 7	11/10/2004
Q: Mr. Markus: I have filed for Chapter 7 bankruptcy in Ohio. It was discharged August 13 of this year. ... A: I'm not sure I understand your facts. You listed these creditors already, but you amended to ...
Bankruptcy - Repossed Car	11/6/2004
Q: Are repossed cars still listed on Schedule D - Creditors holding secured claims form, after the car ... A: yea, that is a little odd, although possibly not incorrect. It depends on when the vehicle was ...
bankruptcy	10/28/2004
Q: If there is a lien on my savings box and I file bankruptcy next week how long before I can go into ... A: I'm not sure that I understand your question. A lien doesn't prevent you from accessing your box ...
Bankruptcy chapter 7	10/26/2004
Q: So if I owe 600.00 dollars more now compared to then I can not use them. The only thing that has ... A: Well, if that's the only change, you're probably fine. But I would suspect that the amounts in your ...
Preferential Payments	10/6/2004
Q: I was fired from my job in April, 2004. I got my 401K payment which come to about $28,000. In May, I ... A: Whether or not it's a good time to file bankruptcy can only be determined after a comprehensive ...
Credit Report	10/5/2004
Q: Our names are pronounced the same, by the way. For a number of years I fought not to file ... A: Well, I am not an expert in credit repair. If there is actually inaccurate information on your ...
small claims	10/2/2004
Q: Mark, Thank you. So, if I understand you correctly. I dont have to "RUSH" to file a lein? Amount ... A: If you are able to record the lien more than 90 days prior to his filing the bankruptcy case, then ...
small claims	10/2/2004
Q: Judgement in my favor due to def. not showing. Notice to discover this Thursday in court. Q: If he ... A: The dischargeability (which you called dismissal) of the debt has nothing to do with whether you ...
2 Years after bk discharge, frozen bank account	10/1/2004
Q: sent the creditor bk papers and all(to show that they were listed), 2 months later still ... A: This sounds like it is a secured debt and, if so, the lien remains after the bankruptcy case. ...
late fees in Chapter 13 bankruptcy	9/30/2004
Q: My name is colleen and I live in Ohio. I have been involved in a chapter 13 bankruptcy that will be ... A: The only thing the Chapter 13 deals with is pre-petition debts. It gives you time (36-60 months) to ...
Bankruptcy	9/17/2004
Q: I have recently tried to obtain a department store credit card and was denied because I have a ... A: You probably need to contact an attorney who deals with credit reporting issues. This is not really ...
Personal property	9/14/2004
Q: I make all payments to the bank and she has never made a payment, so even though she lists the car ... A: I've never heard of a State that had laws allowing repossession where payments on the debt were ...
BK7	7/9/2004