| Subject | Date Asked |
|
| Chapter 7 bankruptcy | 11/19/2009 |
Q: Chapter 7 Bankruptcy questions: Q1. I hear that credit card use within 6 month prior to filing ...
A: All good questions. Q1. There's no magical time period for which debts are or are not ...
|
| Bankruptcy and Judgement | 11/18/2009 |
Q: I am in the middle of a pending lawsuit against a sole proprietor who built my home. We have a ...
A: That depends on what chapter he files, what assets he has available to liquidate for the benefit of ...
|
| chapter 7 | 11/14/2009 |
Q: i have a car with a payment and a pick up that is free and clear i am thinking of chapter 7 be for i ...
A: You can keep the truck as long as you can make the payments and as long as you have sufficient ...
|
| Complicated? | 11/1/2009 |
Q: I am divorced, in my divorce I was awarded the family home. The title to the home is only in my ...
A: As long as you remain current with the payments due on the mortgage(s), a bankruptcy by your ...
|
| Ch 7 bk | 10/29/2009 |
Q: I live in a community property state, WA. My wife and I just got married in February. I am filing ...
A: If no money has been deposited into her account since you got married, then you can probably leave ...
|
| reaffirmation agreement | 10/26/2009 |
Q: i'm filing a chapter 7 to discharge a lot of credit card debts. i have my primary home and 1 rental ...
A: I never recommend reaffirmation agreements, and they are unnecessary on real estate. You should ...
|
| ch7 & loan mod | 10/26/2009 |
Q: I'm working on setting up a loan mod with Chase - the 2nd trial payment will be this week and the ...
A: There's nothing in the bankruptcy law that would kill the loan mod, but as a practical matter, if ...
|
| Chapter 7 and 2005 Tax refund | 10/26/2009 |
Q: I have filed an amended tax return for 2005 for a refund. However the IRS has denied it and I have ...
A: When you receive the refund is irrelevant. It's property of the estate if you're entitled to ...
|
| Chapter 13 - dismissal/can't make plan payments | 10/25/2009 |
Q: My husband filed for chapter 13 in California almost a year ago. He is on a 100% plan to pay 1 very ...
A: If the case hasn't been previously converted from another chapter, he should be able to voluntarily ...
|
| chapter 7 | 10/24/2009 |
Q: I have a business that I'm trying to sell. If I cannot sell, I will need to do a chapter 7, which I ...
A: Is your "business" a corporation or partnership, or is it just you as a sole proprietorship? You ...
|
| Chapter 13 | 10/23/2009 |
Q: My chapter 13 was just dismissed and I filed a chapter 7 in 2004 can you tell me when can I file a ...
A: If you received a discharge in your prior Chapter 7 case, you cannot receive a discharge in a ...
|
| bankruptcy | 10/18/2009 |
Q: About 8 months ago my ch. 7 bankruptcy was accepted by the court. I released a particular property ...
A: The terminology you use is a bit confusing. If you're saying that you received a discharge in a ...
|
| Missed reafermation | 10/13/2009 |
Q: I filed a chapter 7 bk in CA Central on 6/20/2009. The statement of intent identified two rental ...
A: A reaffirmation agreement can be filed any time prior to discharge in a CHapter 7 case. If you ...
|
| violation of bankruptcy stay | 10/13/2009 |
Q: is a judgment in a state court action entered after the petition date a violation of the automatic ...
A: Yes, it is a violation of the automatic stay, although clearly not intentional, so there's probably ...
|
| lien removal post bk | 10/11/2009 |
Q: after reading some bk forums i am totally confused about the proper way to remove/vacate a lien ...
A: I think you're mixing up a couple of different concepts here. A judgment and a lien are two ...
|
| Chapter 11 Priority Claims | 10/8/2009 |
Q: I am the owner of a S Corp and was awarded a $20,000 judgement in the state of Virginia against one ...
A: The judgment is definitely not a priority claim. If you converted the judgment into a lien more ...
|
| bankruptcy | 10/8/2009 |
Q: Eight months ago my ch. 7 was accepted by the court and trustee ( I forgot the right word for it). ...
A: bankruptcy is a matter of public record so anyone can look it up if they want to. I can't tell you ...
|
| Reaffirmation agreement | 10/7/2009 |
Q: I read your response to the person whose atty messed up by not filing the Reaffirmation agreement ...
A: Well, I suppose you could do a motion to reopen to allow the reaffirmation agreement to be filed, ...
|
| Chapter 7 | 10/3/2009 |
Q: Mr. Markus, I had a chapter 7 bk that was closed in May of 2004 (would that be the same date of ...
A: At this time you can file a Chapter 13 case (assuming you're within the debt limits). You cannot ...
|
| AMENDMENT | 10/2/2009 |
Q: I FILED A BK A FEW MONTHS AGO WHICH IS NOT DISCHARGE AS OF YET,LATELY I RECV'ED PHONE CALLS FROM ...
A: That depends on what chapter you filed and the laws of the jurisdiction where your case is filed. ...
|
| bk and small claims | 9/29/2009 |
Q: My chapter 7 bk was discharged in July of 2009. (I live in Ca.) I am now being taken to small claims ...
A: If your chapter 7 bankruptcy was a no-asset case (meaning no assets were liquidated and distributed ...
|
| BK Discharge/Unrecorded Mortgage | 9/28/2009 |
Q: Went through BK 13 in NJ, I claimed bank as secured, they ended up being unrecorded, they obtained ...
A: All the discharge does in any bankruptcy case is eliminate your obligation to pay on the debt. So ...
|
| BK Discharge/Unrecorded Mortgage | 9/28/2009 |
Q: Went through BK 13 in NJ, I claimed bank as secured, they ended up being unrecorded, they obtained ...
A: Well, trying to foreclose isn't a violation of the discharge IF they have a valid perfected lien ...
|
| Reopen Chapter 7 to file Form 23 | 9/28/2009 |
Q: I am representing myself in a CA chapter 7 bankruptcy. I had the trustee's meeting in December and ...
A: That really depends on the Judge in the policies in your district. In general, if you completed the ...
|
| Personal bankruptcy Chapter 7 | 9/27/2009 |
Q: Is your home exempt when you go bankrupt?
A: That depends on the amount of equity in the home, the value of all other assets, the Chapter of ...
|
| bankruptcy | 9/25/2009 |
Q: We live in NH. We are thinking of filing for bankruptcy. If we do, what is protected our house ...
A: That depends on what chapter you file, the value of all of your assets, and the exemption laws ...
|
| Bankruptcy Ch 13 | 9/25/2009 |
Q: Markus for being available for questions! Is there anything I can do to resolve my Ch 13 case asap. ...
A: Well, assuming what you've been told is accurate in your jurisdiction, the only way you can ...
|
| Ch.13 mortgage cram-douwn in Anaheim, CA | 9/25/2009 |
Q: Our first mortgage on our 2nd property (Rental, but currently unoccupied)including back- payments is ...
A: I'm not sure I completely understand your question. I'm sure the mortgage lender has an assignment ...
|
| Ch.13 mortgage cram-douwn in Anaheim, CA | 9/24/2009 |
Q: Our first mortgage on our 2nd property (Rental, but currently unoccupied)including back- payments is ...
A: Under the facts as you've presented them, you should be able to eliminate the lien of the 2nd ...
|
| 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: Unfortunately, no you cannot get the Ch. 13 filing off your credit report because you did file it. ...
|
| Chapter 11 Reorganize | 9/23/2009 |
Q: I own a LLC corporation with many payments on inventory and machine leases. It's to the point I'm ...
A: Filing a Ch. 11 for the LLC doesn't affect your personal assets or liabilities. If you have a ...
|
| amending a bankruptcy | 9/23/2009 |
Q: I'm not sure how or why you would give free legal advise, but I am really glad you do! :) I live in ...
A: This is going to depend on the case law in your jurisdiction, so you really need to discuss this ...
|
| Priority Claim under Ch.11. | 9/22/2009 |
Q: I have paid money to a jewellary shop in NJ under flexible gold option plan which means I will ...
A: This is a bit tricky because of the nature of the options in determining exactly how much you may be ...
|
| Chapter 7 Bankruptcy | 9/22/2009 |
Q: I am preparing to file for Chapter 7 Bankruptcy. Because of my bad credit rating I was forced to ...
A: Eviction isn't your only problem. You need to have a rental agreement with your friend which ...
|
| rental property retention under bankruptcy | 9/19/2009 |
Q: my partner and I own two properties. We live in one and rent out the other. My partner's only ...
A: Your options, and whether you can retain the equity in your properties depends on the exemption laws ...
|
| BK / Short Sale / Motion to compel abandonment | 9/17/2009 |
Q: I have a client I am doing a short sale for who has already filed for BK. I saw in a previous ...
A: The mere filing of the motion to abandon does nothing. If the court approves the motion, then the ...
|
| Priority Claim | 9/17/2009 |
Q: I have paid money to a jewellary shop(which is in NJ) to purchase gold bars. The company kept on ...
A: Under 11 U.S.C. 507(a)(7) you have a priority claim for up to $2,425. Any additional amounts you ...
|
| When to file for bankruptcy | 9/16/2009 |
Q: Mr. Markus, In 1997 my Citibank credit card was cancelled. I continued to pay Citibank until June ...
A: I don't think the timing matters, except that if they get a judgment against you before you file, ...
|
| Remainder of Equity Line of Credit Owed | 9/16/2009 |
Q: I live in California and I am in the process of a short sale. I have received approval from both ...
A: Yes, bankruptcy will get rid of any deficiency you owe to the 2nd, but it will not get rid of the ...
|
| A new job after filing Chapter 13 | 9/15/2009 |
Q: Some time ago I contacted you for some legal advice, and you were able to help me more than you can ...
A: That depends on the terms of your plan and the loca rules of your bankruptcy court. In the Central ...
|
| mortgage modiification after bankruptcy | 9/13/2009 |
Q: I filed Chapter 7 Bankruptcy due to disability. Somehow, the 1st mortgage wasn't reaffirmed. The 2nd ...
A: "Reaffirmation Agreement" is a term of art used in bankruptcy and has no real meaning outside of it. ...
|
| Choosing Between Chapter Filings | 9/12/2009 |
Q: I have been unemployed for nearly a year now and will be running out of unemployment benefits in ...
A: The "means test" must be completed if you are over the median income in order to determine what you ...
|
| bankrupcy | 9/7/2009 |
Q: My mother and I bought a property together a property together, we recently sold it and we are ...
A: That depends on what chapter of bankruptcy your mother files and, again, what exemptions are ...
|
| bankrupcy | 9/7/2009 |
Q: My mother and I bought a property together a property together, we recently sold it and we are ...
A: The loan is an asset of your mother's bankruptcy estate. Whether or not it can be protected depends ...
|
| Chapter 7 | 9/6/2009 |
Q: I'm almost ready to file ch 7, although a glitch has occurred in my case. My father decided to help ...
A: Not sure what you want me to tell you. If the applicable exemptions are insufficient to protect the ...
|
| Court holding open judgments after bankruptcy discharge | 9/4/2009 |
Q: I had a couple of debts that went to judgment in a municipal court a few years ago. After that I ...
A: You need to be more specific about what you mean when you say they "refuse to release" the ...
|
| Question about Chapter 7 and House Comps | 9/2/2009 |
Q: Markus, I am a resident of California considering filing chapter 7. Is it correct that a couple's ...
A: Well, first of all, assuming you're eligible, you can always convert your case to a Chapter 13 ...
|
| Chapter 7 Bankruptcy / Mortgage | 9/2/2009 |
Q: We filed a chapter 7 bankruptcy in October 2005 in Tennessee. We opted to keep up our mortgage and ...
A: You are required to "include" (meaning listing) all assets and all debts in any bankruptcy case. A ...
|
| property surrendered in bankruptcy | 8/31/2009 |
Q: We were listed as creditors in a former business partner's bankruptcy. He surrendered his home in ...
A: Well, technically he's not supposed to sell anything without court approval, but in all likelihood ...
|
| Ch.13 after Ch.7 Bk | 8/31/2009 |
Q: I live in Orange County CA. Is it possible to file Ch.13 after a discharged Ch.7 in order to strip ...
A: The Judges in the San Fernando Valley Division of the Central District of California recently ruled ...
|
| Chapter 7 Military | 8/30/2009 |
Q: My husband and I reside in California. My husband was recently laid off and we have 94K in credit ...
A: Please see the excerpted section below. If he meets the requirements stated therein, then he is ...
|
| lien avoidance ch7 | 8/27/2009 |
Q: I am a new atty and have a ch 7 case where the first mortgage equals or exceeds the value of the ...
A: The answer differs depending on the circuit your case is filed in and the exemptions laws which ...
|
| Ch 7 Question on auto loan | 8/26/2009 |
Q: I plan to file a Ch 7 BK and I have a secured debt item which is a 9 year old vehicle in fair/poor ...
A: Well, you're going to have a difficult time taking advantage of your options without an attorney, ...
|
| Need to let go RV...BK? | 8/25/2009 |
Q: I currently have about $7k in debt on a credit card and a monthly payment of $352 on an a travel ...
A: Which chapter you would or could file under depends on your income, expenses and other assets, and ...
|
| bank accounts and chapter 7 | 8/25/2009 |
Q: My husband and I are considering BK due to overwhelming credit card debt and job losses. He is on ...
A: I think I've already answered your question and I don't see a new question here. Assets don't get ...
|
| bank accounts and chapter 7 | 8/24/2009 |
Q: My husband and I are considering BK due to overwhelming credit card debt and job losses. He is on ...
A: You're mixing up a lot of different issues here, so I'll try my best to answer. What creditors can ...
|
| 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 qualify for a Chapter 13, they would just receive the pro rata portion of whatever payment ...
|
| 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: The only way the student loan (or any) debt would not count towards the unsecured debt limit in a ...
|
| Dismissing a SBA loan | 8/20/2009 |
Q: If an individual is planning on filing BK 7 to clear their unsecured debt including their SBA loan. ...
A: The SBA has no control over the jurisdiction of the United States Bankruptcy Court, so any ...
|
| Banruptcy and Pregnancy | 8/13/2009 |
Q: I am pregnant, uninsured, and unable to get any help from programs like Healthy Start or Medicare. ...
A: If you file bankruptcy it will not alter the obligations or liabilities of your boyfriend in any ...
|
| Bankruptcy Questions | 8/13/2009 |
Q: I am currently unemployed and receiving unemployment. My wife does still have her job. Income wise, ...
A: By moving and admitting that you will not be making any further payments on the mortgage, you risk ...
|
| Rental property | 8/12/2009 |
Q: I own 1 rental property with no recorded mortgage. My father loaned me $80,000 to pay off the ...
A: That depends on what exemptions are available to you under your applicable state's exemption laws. ...
|
| chp 7 bk & property taxes | 8/11/2009 |
Q: My chp 7 bk was discharged in Oct 2008, I included the home I live in but to this day I have not ...
A: If you still have the property, then you must pay property taxes. Whether the property taxes are a ...
|
| Community Property Debt | 8/11/2009 |
Q: I am married and we live in Texas, a community property state. I am knee-deep in debt like many in ...
A: I'm sorry you haven't received a solid answer, and I'm afraid I'm not going to improve your mood ...
|
| Inheritence and Chapter 13 | 8/10/2009 |
Q: My father owes me a substantial amount of money for living expenses due to the fact that I agreed to ...
A: I'm not sure what you mean by "in the process" of filing. If he's already filed a Chapter 13, then ...
|
| Chapter 7 and divorce judgement in Utah | 8/7/2009 |
Q: Ex received judgement by default (another matter). Most of what he wanted are 1/2 the value of items ...
A: If it is a debt owed to a former spouse as part of a domestic support obligation or incurred in the ...
|
| CH 7 and Reaffirmation agreement | 8/6/2009 |
Q: I reside in CA and I am going through CH 7. I have a 2nd on my home. It is a HELOC. The company said ...
A: Reaffirming the loan is essentially the same as a loan modification. Are you sure they're saying ...
|
| follow-up to earlier issue | 8/6/2009 |
Q: if you'd be so kind I have a follow-up to an issue I asked about earlier. Here is a different way to ...
A: I've already answered that question, and my answer hasn't changed. One thing I will point out is ...
|
| Modifying Chapter 13 or Converting to Chapter 7 | 8/6/2009 |
Q: I work for the State of California. I filed chapter 13 with an attorney in April 2008. In May 2009, ...
A: You can do the motion for plan modification on your own if you know all the format, rules and ...
|
| Ex-girldfriend going through bankruptcy and I am a Co-signer | 8/4/2009 |
Q: My ex-girlfriend is currently filing chapter 7 bankruptcy. I am a co-signer for a motorcycle that we ...
A: As long as the payments are current, you should be able to retain the vehicle, although the finance ...
|
| Means Test - Capital Gains/Losses | 8/4/2009 |
Q: Here's the situation I'm hoping you can advise on: During the means-test period, I bought and sold ...
A: I doubt it. Trading stocks in a Roth IRA and HSA account are probably not going to be considered ...
|
| Means Test - Capital Gains/Losses | 8/4/2009 |
Q: Here's the situation I'm hoping you can advise on: During the means-test period, I bought and sold ...
A: I would take the position that only the capital gain portion derived during the relevant 6-month ...
|
| reaffirmation of car | 8/1/2009 |
Q: Is it necessary to reaffirm an auto loan in a California Chapter 7 BK? I intend to keep and pay for ...
A: There is no logic to reaffirmation, so your thinking is good. Unfortunately, it is the only way to ...
|
| Recourse to recover unsecured debt Ch 13 | 7/31/2009 |
Q: This pertains to a California CH 13 filing. I have a judgment lien against someone who has filed Ch ...
A: Then what you have is an unrecorded judgment, not a lien. So you have a general unsecured claim ...
|
| Recourse to recover unsecured debt Ch 13 | 7/31/2009 |
Q: This pertains to a California CH 13 filing. I have a judgment lien against someone who has filed Ch ...
A: Has your lien attached to any assets? Was it properly perfected under California law? If so, on ...
|
| Chapter 13 | 7/29/2009 |
Q: Live in NV.Husband and I own a small business. Our customers have been paying 120 days late thereby ...
A: Yes, you can keep all your assets in a chapter 13 case. The only thing it might affect is the ...
|
| DISABILITY AND CHAPTER 7 | 7/29/2009 |
Q: MY HUSBAND JUST STARTED RECEIVING DISABILITY AND WE HAVE ABOUT $50,000 WORTH OF MEDICAL BILLS TO ...
A: There are no exceptions. If you received a discharge in the prior Chapter 7 case and it was filed ...
|
| Amending to add creditors | 7/29/2009 |
Q: When is the deadline to add new creditors to a chapter 7 bankruptcy?
A: If by "new" creditors you mean ones for debts incurred after your bankruptcy case was filed, then ...
|
| means test (chapter 7) | 7/27/2009 |
Q: My sister lives with our mother and they are both on the home and auto loan they share and are both ...
A: If the mother and sister each wish to file bankruptcy, yes they would have to file separately. Only ...
|
| Terminally ill and bankruptcy | 7/25/2009 |
Q: My mother is terminally ill and living with us, she has about 60k in cc debit and is on disability ...
A: I'm sorry to hear about your mother. Does she have any assets? If not, then she is basically ...
|
| Bank Levy | 7/22/2009 |
Q: I am currently unemployed. I have had a 5 year old debt that I was paying off until I had gotten ...
A: It should not affect his credit if there are no debts in common, but since you are married it can ...
|
| Bank Levy | 7/22/2009 |
Q: I am currently unemployed. I have had a 5 year old debt that I was paying off until I had gotten ...
A: Yes, bankruptcy would end the garnishment and any collections activity. Whether or not it would ...
|
| BK and Inheritance asset | 7/21/2009 |
Q: I inherited some property years ago and now need to file Ch7 due to CC debt and devalued rental ...
A: Whether an asset is exempt depends on its value and the exemption laws of whatever state is ...
|
| Bankruptcy | 7/16/2009 |
Q: Is there a best time to file Chapter 7 with foreclosing properties. I have investment properties ...
A: That is an extremely complicated topic and there is no simple answer to your question, but the short ...
|
| Bankruptcy&Divorce | 7/10/2009 |
Q: I live in AZ and am considering Chapter 7 after my divorce is final.(Augustt) I have CC debt and ...
A: Once the divorce is final, it's final, so you're as "after" as you need to be as far as that goes. ...
|
| CHP 7 BK | 7/9/2009 |
Q: I am in the process of gathering all the information I need to meet with an attorney and start the ...
A: 1. There is no requirement to be current on your mortgages prior to filing a bankruptcy case. ...
|
| maintaining vehicle ownership of classic car with bankruptcy | 7/9/2009 |
Q: I am in California. I own a 65 mustang that is in pristine restored condition. My husband and I are ...
A: Whether you can keep the vehicle or not depends on its value, as well as the value of all your other ...
|
| Cosigner on Mortage filing bankruptcy | 7/7/2009 |
Q: My boyfriend & I have a mortgage on a home we both live in. Last year I had him sign a quit-claim to ...
A: Well, if there was equity in the home at the time the quitclaim was recorded, you better prevail on ...
|
| back taxes | 7/7/2009 |
Q: Filing Chapter 13, tried Offer and Compromise, owe for 2002,2003,2006,because of back pay for SSI, ...
A: Your question, since it deals with taxes and chapter 13 budget issues, requires analysis way beyond ...
|
| Bankruptcy Chapter 13 | 7/4/2009 |
Q: I filed a chapter 13 in 2004 pro se. The case was dismissed about five months after I filed. I ...
A: The vehicle was "abandoned" when your Chapter 13 case was closed, so you have full ownership ...
|
| My pets | 6/30/2009 |
Q: I have two dogs I placed at a Vet for Board and care a year ago after my wife and I lost our home. I ...
A: I'm not sure they actually have a lien, but I suppose it's possible. Filing bankruptcy alone should ...
|
| Renting & Schedule E Claiming Rented Space In Home & Chapter 7 | 6/29/2009 |
Q: If half of my home has legally been leased,and claimed on Schedule E as Renting Space In My Home, ...
A: Not exactly sure what you mean by "excluded". Any income, including rental income must be included ...
|
| RE Commissions | 6/29/2009 |
Q: I am, along with perhaps 400 others, an independent contractor working for Consolidated Resorts here ...
A: You have a priority claim up to $10,950 for commission earned within 180 days prior to the ...
|
| Bankruptcy Dismissal and Foreclosure | 6/28/2009 |
Q: Our Chapter 13 Bankruptcy case (California) was dismissed. Within days, our house was sold to ...
A: Are you talking about the notice to foreclose, or the notice on the eviction? If the notice of sale ...
|
| Income Considerations for Means Test | 6/28/2009 |
Q: After completing a sample Means Test, it appears that we qualify for Chapter 7 with our normal ...
A: Technically the capital gains from the sales of those items would be included in the means test, so ...
|
| Life insurance beneficiary | 6/24/2009 |
Q: My sister has terminal cancer. She has a life insurance policy which names her husband as ...
A: The more research I do on this, the more unclear the answer gets. There are a multitude of factors ...
|
| Life insurance beneficiary | 6/24/2009 |
Q: My sister has terminal cancer. She has a life insurance policy which names her husband as ...
A: I'm sorry to hear about your sister's circumstances. As simple as your question is, the answer ...
|
| Second mortgage is HELOC | 6/9/2009 |
Q: I just got a modification to my first mortgage but not my second - WAMU is the lender. The second is ...
A: You might be able to eliminate the second mortgage lien in a Chapter 13 case if the value of the ...
|
| after chapter 7 | 6/8/2009 |
Q: I was granted discharge from my bankruptcy on June 1, 2009. I surrendered my car and home. I was ...
A: If they haven't foreclosed on your home yet, of course you can resume payments, but you have to ...
|
| Chapter 7 | 6/5/2009 |
Q: If I make around $70,000 a year gross, do I automatically flunk the means test for Chapter 7 or is ...
A: No, you don't automatically flunk the means test. You are probably above the median income for your ...
|
| Question in regards to a chapter 7 and foreclosed properties | 6/2/2009 |
Q: I have aI need to file for chapter 7 and I don't have a job, therefore I don't have money to pay an ...
A: How it appears on your credit report is irrelevant. You need to determine whether A. there was a ...
|
| Do I need to reopen my bankruptcy after the discharge? | 6/2/2009 |
Q: My wife and I were recently discharged from a Chapter 7 (no asset) bankruptcy last month in the ...
A: No you don't need to reopen your case. If this debt was incurred prior to filing your bankruptcy ...
|
| Collateral | 6/1/2009 |
Q: My husband and I are thinking of filing bankruptcy (Chapter 7) for a couple of high interest credit ...
A: Your facts are still a bit unclear. If this creditor has a valid perfected security interest in ...
|
| Chp 13, new marriage, renting house | 6/1/2009 |
Q: I am in the second year of Chp 13. My mortgage payments are current although I owe a lot more than ...
A: The rental income may increase the amount of your monthly plan payment, depending on the terms of ...
|
| Ch 7 will it work for us | 5/31/2009 |
Q: My husband and I have quite a bit of unsecured debt 1 cc and lots of medical totaling about $15,000. ...
A: It sounds like Chapter 7 might very well be a viable option for you. You should consult with a ...
|
| Personal Guarantee | 5/29/2009 |
Q: As the CEO of a california public company, I was required by our lender to sign a personal guarantee ...
A: Whether your home will be protected in a bankruptcy case depends on the amount of equity in it, the ...
|
| Negotiating with Unsecured Creditors | 5/27/2009 |
Q: I am in year 4 of chapter 13 bankruptcy and found out that they extended my plan to 5 1/2 years. My ...
A: First of all, a Chapter 13 plan can only be a maximum of 5 years, so there's no way it was extended ...
|
| Laid off - now company is going Chpt 7 and I haven't been paid yet! | 5/27/2009 |
Q: I got laid off on May 7th with a few other employees and were told that the company filed Chpt. 11 ...
A: I have no idea what assets the corporation has or the amount of creditors who have priority over ...
|
| Equity line of credit and chapter 7 | 5/26/2009 |
Q: The judge denied the reaffirmation agreement on our equity line of crdit and our bankruptcy was just ...
A: If you received a discharge of the debt, then you no longer have a legal obligation to pay on it. ...
|
| Chapter 7 but own real estate. | 5/23/2009 |
Q: We have 2 houses. 2 years ago we upgraded and rented out the first house. My father is very sick ...
A: There's no chance of the Trustee selling the first house. As to the 2nd house, it's highly ...
|
| chapter 13 | 5/22/2009 |
Q: I am 2 years into a 13 and I lost my job 5 months ago. I have a long term temp job that pays less ...
A: There shouldn't be any 180-day prohibition on re-filing a Chapter 13 if your case is dismissed ...
|
| bankruptcy/short-sale on my home | 5/21/2009 |
Q: I reside in the state of Florida. I have been trying to sell my home (which is in foreclosure). I ...
A: Unless they have some basis to sue you for fraud (i.e. proving that you intentionally misled them, ...
|
| nonconsumer chapt 7 | 5/21/2009 |
Q: How much of my debt must be business related to qualify me as a "primarily" nonconsumer debt debtor? ...
A: In order to be primarily nonconsumer, more than 50% of your total debt must be nonconsumer. That ...
|
| bankruptcy/short-sale on my home | 5/21/2009 |
Q: I reside in the state of Florida. I have been trying to sell my home (which is in foreclosure). I ...
A: The Trustee owns your home until he either abandons the property or your bankruptcy case is closed. ...
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| filed bankruptcy now how do I stop garnishment? | 5/21/2009 |
Q: I filed bankruptcy on April 1st (pro se although I have a a paralegal who has assisted me). I had a ...
A: You need to send notice of the bankruptcy filing to the CREDITOR and the sheriff's office (or clerk, ...
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| LLC and personal liabilities | 5/20/2009 |
Q: My partner and I are considering filing for LLC bankruptcy on our small business. Our only business ...
A: As to your first question, I cannot answer based on the facts you have provided. Whether it's your ...
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| my bankruptcy | 5/20/2009 |
Q: I'm unemployed and about to file chapter 7. I live in California and my mother's house is in a small ...
A: Most debts are dischargeable unless the creditor in question timely objects to the discharge of the ...
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| Severance and Bankruptcy | 5/14/2009 |
Q: I left a very large corporation in November 2008 with a severance package that paid bimonthly for 9 ...
A: That depends on what chapter of bankruptcy it files. If you are owed money on the date the ...
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| Business Loan & Bankruptcy | 5/13/2009 |
Q: Last year, we sold a business to a buyer who paid 50% of the asking price and asked if we could ...
A: The answer depends on what chapter of bankruptcy is filed and what assets they have to liquidate to ...
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| Chp 7 Bankruptcy | 5/12/2009 |
Q: I own stock in a company that filed for Chapter 7 in February. I checked the Nevada Court system ...
A: I have no idea why people are still trading, but if this is a corporation and it filed chapter 7, ...
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| RE:Refunds after final decree | 5/11/2009 |
Q: We filed chapter 7 bankruptcy and our attorney had told us that our tax refund would be the property ...
A: OK, well they obviously do things differently procedurally in Florida, so you're going to have to ...
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| RE:Refunds after final decree | 5/11/2009 |
Q: We filed chapter 7 bankruptcy and our attorney had told us that our tax refund would be the property ...
A: First of all, if your creditors have 60 days to object to the discharge of debts, then you haven't ...
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| Forclosure / Bankruptcy | 5/9/2009 |
Q: I am considering filing chapter 7 bankruptcy in Arizona. I have rental properties which I am letting ...
A: This is actually a very good question. Whether the foreclosure sale takes place before, during, or ...
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| 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: That depends on what tax years you're talking about, the date the taxes were assessed, whether any ...
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| Judgements in bk | 5/6/2009 |
Q: Can judgements be included in a BK, and if so how do you get them removed from the public records. ...
A: If by "included" you mean discharged, the answer is yes. A judgment is merely a court order ...
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| Joint Mortgage Discharge | 5/5/2009 |
Q: I am divorced and my ex-wife and I had a house with two mortgages. I filed Chapter 7, she did not. ...
A: Whether your ex-wife can collect from you depends on the terms of the divorce decree. The debt you ...
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| Chapter 7 & Mortgage 1st & 2nd | 5/5/2009 |
Q: I filed Ch 7 in 2008 in which I included all debts. I divorced in 2007 but still owned a home ...
A: A lien is a legal right to collect against a piece of collateral/property. You don't borrow on a ...
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| Chapter 7 & Mortgage 1st & 2nd | 5/5/2009 |
Q: I filed Ch 7 in 2008 in which I included all debts. I divorced in 2007 but still owned a home ...
A: Your ex-wife had a lien against your home? If so, the lien survived the bankruptcy and she can be ...
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| SBA Loan Defualted - Contemplating personal Chapter 7 filing. | 5/4/2009 |
Q: We got a SBA loan with my husband signing an unconditional guarantee with our house as collateral ...
A: 1. Yes, the SBA loan should be dischargeable. 2. They would have a lien which they could collect on ...
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| Bankruptcy and Statement of Intention | 5/2/2009 |
Q: my husband and i filed chapter 7 is was just discharged but not dismissed because of an inheritance ...
A: As to your first question, yes you should be able to walk away without owing any further obligation ...
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| chap 7 non consumer | 5/2/2009 |
Q: What documents should I produce to show that our debt was non-consumer and need to qualify for ...
A: Good question. As you apparently know, the bankruptcy means test does not apply if your debt is ...
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| Unsecured Car Loan | 5/1/2009 |
Q: Filed chpt 7, list car loan as secured debt to be reaffirmed. Found out after receiving the ...
A: If the credit union is not secured (which I find highly unlikely, but I'll take your word for it) ...
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| Bankruptcy Timeline - Awaiting Discharge | 4/30/2009 |
Q: We are trying to buy a short-sale house from a buyer in bankruptcy. We have been told by the ...
A: The time for discharge is linked to the deadline for creditors to file objections to discharge, not ...
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| Chapter 7 in FL, 1st & 2nd mortgage not reaffirmed | 4/30/2009 |
Q: I filed a Chapter 7 for my unsecured debts after my divorce, and am waiting for discharge papers any ...
A: Yes, you can seek to modify your loan, but that is between you and the mortgage lender. It has ...
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| Bankruptcy | 4/29/2009 |
Q: I have boxes of paperwork for the credit cards, loans and other debts that were discharged in my ...
A: Other than for tax purposes, I think it's safe to get rid of most of the documents, but I would be ...
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| Bankruptcy discharged | 4/29/2009 |
Q: Our bankruptcy discharged in May 2008. We did this to try and save our house which we reaffirmed. My ...
A: If I'm understanding you correctly, you reaffirmed the debts on your home mortgages during your ...
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| bancrupcy | 4/25/2009 |
Q: After being denied a child support reduction petition in family court, in New York, a family court ...
A: Child support is never dischargeable in any bankruptcy case. As for the attorney's fees, they may ...
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| Bankruptcy | 4/24/2009 |
Q: Almost exactly 9 years ago my company sold some equipment to another company out of state. The ...
A: Collection lawyers, or the bankruptcy trustee or debtor-in-possession? I don't see how collection ...
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| Equity Line of Credit | 4/23/2009 |
Q: I know that an equity line of credit is considered a Jr. Mortgage which is secured by the house. But ...
A: No. If you're able to strip a lien in a given chapter 13 case, the lien is not stripped until the ...
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| Chapter 7 /community property/divorce | 4/23/2009 |
Q: 1. If all credit card debt incurred both before and during marriage was only in my name, and no ...
A: 1. Your ex-spouse is liable for any community debt regardless of whether or not you file ...
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| Chapter 7 | 4/23/2009 |
Q: After doing a loan modification and getting better terms i'm considering filing B.K. to discharge ...
A: If you already have the loan modification I would advise against doing a reaffirmation agreement ...
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| bancrupcy | 4/22/2009 |
Q: A family court judge ordered me to pay ex-spouses attorney fees,if I file bankruptcy, can I include ...
A: Whether or not the award is in the nature of support or maintenance or something else is not a ...
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| Bankruptcy | 4/22/2009 |
Q: We live in CA and bought a house in 2006. I lost my job in Feb 2008. My husband worked overtime to ...
A: Your questions require an analysis beyond the scope of this forum. You need to schedule a ...
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| bancrupcy | 4/22/2009 |
Q: A family court judge ordered me to pay ex-spouses attorney fees,if I file bankruptcy, can I include ...
A: That depends on what you mean by "include". All assets and all debts must be listed (i.e. ...
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| creditor | 4/21/2009 |
Q: what can be done to make a debtor pay and/or not have the debt included in his filings?
A: If you have grounds to object to the discharge of the debt you must file a complaint and litigate at ...
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| Should I reaffirm my HELOC? | 4/20/2009 |
Q: My home is worth approx $310,000 (in CA). I have a 1st w/ Citi at $330,000 and a 2nd w/ Wells Fargo ...
A: Whether you reaffirm your debt has nothing to do with whether or not Wells Fargo will or won't ...
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| Chapter 7 | 4/20/2009 |
Q: We filed Chapter 7 recently in Nevada's Clark County and a friend advised us to do a short sale ...
A: This is an extremely complicated area which involves the interface between tax law, real estate law ...
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| Liabilty | 4/16/2009 |
Q: We live in the state of Iowa and filed joint, chapter 7 in 2004. The discharge was granted, without ...
A: That is really an unsettled area of law and is going to vary from court to court. The mortgage ...
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| Social Security, Inheritance, chapter 13 | 4/15/2009 |
Q: I noticed in a question you said of they passed away within 180 days of a discharge, inheritance had ...
A: If I am understanding your question correctly, you are asking whether money or other assets you ...
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| Adding creditor to open bankruptcy | 4/15/2009 |
Q: Can old or new debt be added to an open bankruptcy? (Old meaning debt incurred prior to filing; new ...
A: In a no-asset Chapter 7 bankruptcy case in California, debts incurred prior to filing the bankruptcy ...
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| Filing AFTER Lien has been placed on bank account | 4/14/2009 |
Q: A judgment levy was exercised on my corporate account and all funds were removed after a judgment ...
A: Your only bankruptcy option under the scenario you describe would be a Chapter 11 case. You can ...
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| chapeter 13 | 4/13/2009 |
Q: I filed for a chapter 13 a week ago. I received letters for settlements with my creditor prior to ...
A: You should be able to dismiss your chapter 13 case at any time. Yes, your creditors will be ...
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| no longer in US student loan bankruptcy | 4/13/2009 |
Q: I have a number of private student loans. I now live in the UK. Because the exchange rate declined ...
A: Student loans are only dischargeable if you can prove, after trial in a bankruptcy case, undue ...
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| SDI, SSDI, Private DI ins & means testing | 4/8/2009 |
Q: I am receiving max SDI, two private DI policies for two years, and will get SSDI in July, which will ...
A: Special circumstances is something you or your attorney can argue if the means test shows a ...
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| Chapter 13 filing | 4/8/2009 |
Q: My question is if im about 18,000 in debt including a car loan that my dad is the primary and im co ...
A: I have no idea whether they're about to do a repossession or not. If you're not current with the ...
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| BANKRUPTCY | 4/7/2009 |
Q: My ch. 7 was discharged last month. I just did my taxes and I owe the irs 2,700. I can't afford to ...
A: No. Taxes must be at least 3 years old (calculated from the date the return was last due to be ...
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| Chapter 13 filing | 4/7/2009 |
Q: My question is if im about 18,000 in debt including a car loan that my dad is the primary and im co ...
A: Yes, you're dad is liable on the loan regardless of whether you file bankruptcy or not. As far as ...
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| Chapter 13 Assets | 4/7/2009 |
Q: I am facing a case in which the Chapter 13 debtor claims he owns assets that were awarded to me in a ...
A: It sounds like you're taking all the appropriate steps at this time. I'm not clear on the ownership ...
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| Bankruptcy and discharge of debtor question | 4/5/2009 |
Q: I was trying to take my former tenants to small claims for breaking a lease. They filed bankruptcy ...
A: If the rental agreement was entered into after they filed their bankruptcy case, then you are ...
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| Reopen my CH7 to affirm my vehicle debt? | 4/3/2009 |
Q: Northern California, represented by an attorney. BK7 was discharged, then closed in Dec 2008. I ...
A: First of all, there's no way to reaffirm a debt after the discharge has been entered. The only way ...
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| After a discharge is given | 4/1/2009 |
Q: I received a letter that I was being sued by a creditor after my discharge. I had a savings account ...
A: Was the credit union listed as a creditor in your bankruptcy papers? If so, then the debt was ...
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| bankruptcy | 3/30/2009 |
Q: I'm a bartender and I have not claimed my tips on my income tax reports. If I need to file for a ...
A: That depends on whether you commit perjury on your bankruptcy papers or not. If you accurately list ...
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| Residency and relocation | 3/30/2009 |
Q: A bankruptcy attorney advised me that Chapter 13 is the best route for handling delinquency on ...
A: Where your case is filed is based on where you have resided for the greater part of the 180 days ...
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| non listed creditor | 3/27/2009 |
Q: I filed a chapter 7 in May 2008 that was discharged September 2008 and just recieved a summons from ...
A: That depends on the case law the court in your jurisdiction follows. You didn't specify where your ...
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| Chapter 7 or not paying credit cards? | 3/26/2009 |
Q: I live in New York City and I have about $13K in unsecured loans/credit cards. I qualify for ...
A: As to your first question, they can probably garnish your wages, seize your bank accounts and go ...
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| Medical debt after filing Chapter 7 | 3/25/2009 |
Q: My husband and I recently filed Chapter 7 bankruptcy in CA. He'd been unemployed for some time and ...
A: That's a very difficult situation. One thing you might try is filing a Motion to Dismiss your ...
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| home equity loan in chapter 13 | 3/24/2009 |
Q: I have a first mortgage (458K) plus a home equity line of credit (99K) at the same bank. In Chapter ...
A: The burden of proof as to valuation is on you, and zillow is not an accurate valuation source. I ...
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| home equity loan in chapter 13 | 3/24/2009 |
Q: I have a first mortgage (458K) plus a home equity line of credit (99K) at the same bank. In Chapter ...
A: They are both secured debts and must be treated as such unless the value of the property is less ...
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| Tax Refund afterchapter 13 | 3/24/2009 |
Q: As of March, we are starting our second year of a 5 year combo business/personal chapter 13. We ...
A: Whether you can keep a tax refund or not depends on the terms of your plan and the Order confirming ...
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| Can a Mtg be Reaffirmed after Chr 7 disch if it was Relieved from Automatic Stay? | 3/23/2009 |
Q: In Oregon, if a mortgage was relieved from Automatic Stay during a Chapter 7 Bankruptcy, is it ...
A: My answer was perfectly clear, and you gave me an 8 for clarity, but nevertheless, here are the ...
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| converting to Ch7 | 3/22/2009 |
Q: Am in a Ch.13 in mass now. Unable to make mortgage pyts so our house will be foreclosed on. Still ...
A: I'm not sure I understand your question. Are you dismissing your case or converting it to Chapter ...
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| chapter 13 2 year arm on mortage | 3/22/2009 |
Q: I filed chapter 13 five year payment plan. I have a two year arm on my mortage that is up in march ...
A: It depends on what you provided for in your Plan and what the court order approving the plan says. ...
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| Income tax refunds during bankruptcy | 3/20/2009 |
Q: Can my income tax refund be garnished (offset) by a creditor during bankruptcy? I have filed but ...
A: Creditors are not allowed to take any collection action after you file bankruptcy. If they do, they ...
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| chapter 13/ income tax return | 3/20/2009 |
Q: My husband and I filed chapter 13 bankruptcy back in 2008. We were ordered to send our income tax ...
A: You need to discuss this with your attorney. Most Chapter 13 plan orders require submission of tax ...
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| Company filed chapter 7 | 3/20/2009 |
Q: We paid a deposit($7,000 check) with a company to build a custom door. The Company filed chapter 7 ...
A: Yes, unfortunately the Trustee can do that. The good news is, that if it's a custom door, there ...
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| bankruptcy | 3/19/2009 |
Q: i filed for bankruptcy...in 28 days i have my hearing...i've been able to find a buyer for my home, ...
A: Why do you want to do a short sale? You're probably better off letting the property be foreclosed. ...
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| cc judgements against me/bankruptcy question | 3/19/2009 |
Q: I'll try to keep this as short as I can. I am a single parent and have been for 16 years. I live in ...
A: The only way to determine whether bankruptcy is your best option is to have a comprehensive ...
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| Mistake on Bankruptcy Petition | 3/18/2009 |
Q: When I filed for Bankruptcy my lawyer asked me if we had any IRA's, 401k's, etc... At the time when ...
A: If your case is over, then I don't think there's anything to worry about. If you cashed out the IRA ...
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| confusion between filing date and discharge date | 3/17/2009 |
Q: I filed chapter 7 on 12-3-08, met with the trustee on 12-13-08 and my discharge date is 3-15-09. I ...
A: First of all, the means test looks at the 6 months of income prior to filing the bankruptcy case; it ...
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| bankruptcy and quitclaim deed | 3/16/2009 |
Q: My wife bought a house in California in 2002. She is the sole owner and has been paying mortgage on ...
A: You most likely you have a community property interest in the house, or at the very least some ...
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| chapter 7 and our car | 3/15/2009 |
Q: and i am so happy i found this sight ...i have two lawyers working on my bankruptcy case and neither ...
A: Yes you can surrender the car and not owe anything further on that loan to the credit union (after ...
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| Personal Bankruptcy w/ mostly business debt | 3/14/2009 |
Q: Morning. we had to shut down a business. The personal guarantees associated with that business ...
A: If you check that box stating that your debt is primarily non-consumer, you don't need to complete ...
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| Chapter 13 discharge 1099-C ? | 3/14/2009 |
Q: Credit card debit discharged through Chapter 13 Bankruptcy - discharged May 2008. I have not ...
A: Forgiveness of debt income is not includable in gross income per IRC 108, so it doesn't matter ...
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| Chap 11 Bankruptcy | 3/14/2009 |
Q: I filed Ch11 Bankruptcy in Jul 08 due to a failing home building business that left me personally ...
A: First of all, there usually isn't a trustee in a Chapter 11 case unless one was appointed by the ...
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| Business and Pesonal Bankruptcy | 3/13/2009 |
Q: I own two franchise businesses under two separate S- Corporations. I have two separate SBA Loans on ...
A: Who is "they"? The creditors of one corporation cannot sue a different corporation unless they are ...
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| Business and Pesonal Bankruptcy | 3/13/2009 |
Q: I own two franchise businesses under two separate S- Corporations. I have two separate SBA Loans on ...
A: It will affect your personal liability to the extent that if a demand is made on the personal ...
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| Business and Pesonal Bankruptcy | 3/13/2009 |
Q: I own two franchise businesses under two separate S- Corporations. I have two separate SBA Loans on ...
A: Corporations are separate legal entities, assuming you have maintained proper corporate formalities ...
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| Motion to dismiss for default | 3/12/2009 |
Q: I am behind in payments. I just got a motion to dismiss for default It is a 60 month bankruptcy, so ...
A: Without knowing all the particulars of your debts, assets, and Plan terms I cannot really answer ...
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| Late Husbands Debts | 3/11/2009 |
Q: My husband passed away in Jan this year. I live in So Cal and he has left bills behind that I ...
A: I'm very sorry to hear about your husband. The only way to determine which, if any, bankruptcy ...
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| can we refinance house after filing for chapter 7 and keep a percentage of cash back | 3/9/2009 |
Q: it's a very complex story but will try to make it as clear as possible. a few years back, my wife ...
A: If the Trustee is not seeking to sell the property, then there probably is no problem refinancing ...
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| can we refinance house after filing for chapter 7 and keep a percentage of cash back | 3/8/2009 |
Q: it's a very complex story but will try to make it as clear as possible. a few years back, my wife ...
A: It sounds to me from the facts you gave, that your wife is STILL in a Chapter 7 case. If that's ...
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| Chapter 7 | 3/8/2009 |
Q: Assuming you have met the reqt's and have filed chapter 7, one or more of your creditors ( unsecured ...
A: Not sure I understand your question. What do you mean that they're not "willing" to "charge-off"? ...
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| chapter 7 | 3/7/2009 |
Q: My dad is 80 years old in June, in Florida, and works full time at self-employment, (he owns a bingo ...
A: That depends on what the realizable value of the property (bingo parlor) is and what exemptions he ...
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| Priority claim | 3/5/2009 |
Q: I purchased a condo. from a developer in August 2008 who had since filed for chapter 11. I am stuck ...
A: No, your claim is against the developer, not the government for the taxes. If he owes you for a ...
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| bankruptcy in 2002 not fair if i have to wait.. | 3/5/2009 |
Q: I filed bankruptcy in septmeber 2002 and was discharged december 2002. I was told that i could file ...
A: I'm sorry you feel it's not fair. Congress changed the laws in 2005. I suggest you write your ...
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| My Ex-husband is looking into filing bankruptcy | 3/4/2009 |
Q: Will I have to file bankruptcy if my ex-husband files bankruptcy? In our divorce papers it was ...
A: Whether you need to file a bankruptcy or not can only be determined after a comprehensive ...
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| chapter 7 | 3/4/2009 |
Q: I was widowed in 2001, filed ch 7 in 4/02 which discharged in the fall of 02. I have been going ...
A: Your first question is easy: You cannot receive a discharge in a chapter 7 case filed within 8 ...
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| Chapter 7 | 3/2/2009 |
Q: I am considering filing Chapter 7. I live in Ohio and am single with $23,000 of credit card debt. ...
A: No, you do not have to keep your car lease or condo. The debts are dischargeable in your bankruptcy ...
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| Do I need to wait | 3/1/2009 |
Q: I lost a good paying job and moved back to AZ. Now I can only find part time work for much less per ...
A: This is what is known as a "fraudulent transfer." Assuming that you don't want your fiance sued ...
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| CD safe with BK | 3/1/2009 |
Q: My aunt put my name on her CD. I am thinking of filing BK Chpt7. Her CD can't be closed w/o ...
A: Whether it's safe depends on the amount in the CD, and what exemptions you have available under ...
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| car repossessed after bankruptcy | 2/27/2009 |
Q: I recently filed bankruptcy but have not yet been discharged. I reaffirmed to keep my auto lease. I ...
A: Leases don't get reaffirmed, they get "assumed". If this is a Chapter 7 case, and if you signed an ...
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| chapter 7 | 2/26/2009 |
Q: can you file chapter seven on line of credit if you lost equity in home and loan becomes unsecured ...
A: If you don't pay on the home equity line, or on the mortgage, then they can foreclose or undertake ...
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| chapter 7 | 2/26/2009 |
Q: can you file chapter seven on line of credit if you lost equity in home and loan becomes unsecured ...
A: I'm not exactly sure what you're asking. Yes you can file chapter 7 and discharge a deficiency debt ...
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| bankruptcy | 2/24/2009 |
Q: we meet the means test. but about 1&1/2 years ago I was clinically depressed. went on a shopping ...
A: Whether you "qualify" for Chapter 7 or not can only be determined after a comprehensive consultation ...
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| bankruptcy and a lawsuit | 2/24/2009 |
Q: My husband and I have relinquished to the fact that we are going to have to file personal ...
A: I assume that you meant to ask if the debts are dischargeable in bankruptcy is yes unless they can ...
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| Chapter 13 | 2/23/2009 |
Q: I am a Billing Manager in Ohio and prior to my arrival, our office did not send anyone to these ...
A: I'm not sure which hearing you are referring to, and practice and procedure may vary from district ...
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| mortgage loan reaffirmation after bankruptcy | 2/23/2009 |
Q: Our Lawyer didn't say anything to us about having to reaffirm our mortgage loan after filing chapter ...
A: Reaffirmation of real property debt is not required. If you had reaffirmed the mortgage debt, you ...
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| bankruptcy and mother's living trust | 2/22/2009 |
Q: I live in CA. My sister and I are beneficiaries of her living trust. My mother is 95 yrs. old. I ...
A: Yes, and depending on which chapter you file, it may be longer than 6 months. (Of course it depends ...
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| Ch 7 and tax refund | 2/19/2009 |
Q: I filed a Ch 7 in Nevada in 2008 that was discharged in November 2008. I am unemployed, and only ...
A: If you have exemptions available to cover the value of the refund, then yes. There's no way I can ...
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| right to sue personally the owner of a bankrupt company | 2/19/2009 |
Q: I lent money to a company in Iowa that has filed for bankruptcy. The loan was personally guranteed, ...
A: I'm not sure which debtor you are referring to, the corporate debtor or the individual you ...
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| quit claim deed | 2/17/2009 |
Q: can a spouse legally transfer property such as a home to another spouse with a quit claim deed to ...
A: This really depends on the laws of whatever state the property is in. The answer is probably "no", ...
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| Authorized User | 2/17/2009 |
Q: I am considering filing for bankruptcy. I am the authorized user on a credit card and have been ...
A: If you're just the authorized user, it shouldn't be showing up on your credit report. You don't ...
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| cancel bk 13 tomoorow morning?? | 2/16/2009 |
Q: Can I go to the window in the morning to cancel my bk 13 or is it a process? I had an existing ...
A: You need to file a Motion to Dismiss your case. Your attorney will know how to do it. I doubt the ...
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| Chapter 13 bankrupcy w/affirmation | 2/14/2009 |
Q: I am filling chapter 13 and I am affirming my vechicle. My attorney included it and I am assuming ...
A: I don't know if it's against the FDCPA, but it's clearly a violation of the automatic stay under 11 ...
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| Paid off student loan through Chapt 13 | 2/13/2009 |
Q: Student Loan in 1988 then in 1992 filed chapter 13 and paid the loan off. Now they want to collect ...
A: I would need to analyze the plan that you filed, the confirmation order, and the discharge order as ...
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| BK7 | 2/11/2009 |
Q: I filed BK7 and was discharged Aug 2008. I live in Las Vegas NV. I have 2 loans attached to my ...
A: I'll do my best to answer all your questions. First of all, if you failed to list all your debts, ...
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| 2008 Tax Returns | 2/10/2009 |
Q: My husband and I live in Idaho and filed bankruptcy in 2008 and it was discharged at the end of ...
A: I doubt that there would be any major ramifications, unless they could prove that you intentionally ...
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| 2008 Tax Returns | 2/10/2009 |
Q: My husband and I live in Idaho and filed bankruptcy in 2008 and it was discharged at the end of ...
A: No, the Trustee is entitled to it regardless of whether the estate is closed or not. He can easily ...
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| 2008 Tax Returns | 2/10/2009 |
Q: My husband and I live in Idaho and filed bankruptcy in 2008 and it was discharged at the end of ...
A: First of all, the discharge is not the same thing as the closing of the estate. Your case remains ...
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| Chapter 7 bankruptcy | 2/8/2009 |
Q: I filed a Chapter 7 bankruptcy last week and I have a rental agreement (for a tv)from Aaron's (It's ...
A: I can't tell you where to look on the agreement without seeing it. You really need to discuss this ...
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| Chapter 7 bankruptcy | 2/8/2009 |
Q: I filed a Chapter 7 bankruptcy last week and I have a rental agreement (for a tv)from Aaron's (It's ...
A: You'd have to get a copy of the contract/agreement you signed. Honestly, unless they are making an ...
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| single member llc and personal bankrupsy reverse peircing | 2/8/2009 |
Q: My wife and i own a small number of single member llc startups all created for legitimate reason but ...
A: 1. I have never heard of "reverse-pierced". From the way you describe it, there may be either ...
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| Chapter 7 bankruptcy | 2/7/2009 |
Q: I filed a Chapter 7 bankruptcy last week and I have a rental agreement (for a tv)from Aaron's (It's ...
A: First of all, the creditor's meeting has nothing to do with a motion for relief from stay. Second, ...
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| Considering Banruptcy | 2/6/2009 |
Q: I'm in debt up to my neck. I have $13,000 in unsecured debt, and to top it off, I co-signed a home ...
A: No you don't need to be behind in your debts in order to file bankruptcy. As far as costs and legal ...
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| 1099 & Chapter 13 | 2/6/2009 |
Q: I am currently under Chapter 13 - just confirmed in Oct. I received a 1099 from a mortgage company. ...
A: They are required to issue that if they are not seeking a deficiency judgment. THe 1099 is for ...
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| Chapter 7 and inheriting money | 2/5/2009 |
Q: My husband and I filed in the court on 2/28/08, my Mother-in-law passed away on 2/17/08. We told ...
A: I'm not sure that I completely understand your question. The inheritance belongs to the bankruptcy ...
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| Bankuptcy and marriage | 2/5/2009 |
Q: I may need to file Chap 7 Bankruptcy. I am also planning to marry. I incurred all debts ...
A: The answers depend in part on whether your state is a community property state or not, but basically ...
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| CHAPTER 7 | 2/5/2009 |
Q: IN MY BK (ALL UNSECURED CREDIT AND 1 CAR) THE DEADLINE TO FILE COMPLAINTS FOR OBJECTING TO MY ...
A: Assuming no objections to discharge were filed, you should receive your discharge shortly after the ...
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| bankruptcy | 2/3/2009 |
Q: By filing bankruptcy, are we able to keep our house and car? We are a small business, with alot of ...
A: Whether or not you can keep assets depends on the value of the assets, the amount of liens against ...
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| current taxes. | 1/30/2009 |
Q: I filed bankruptcy and filed back taxes returns all the way to 2002. My trustee took my 05,06, o7 ...
A: When was your bankruptcy case filed? You haven't disclosed that information. If it was filed ...
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| current taxes. | 1/30/2009 |
Q: I filed bankruptcy and filed back taxes returns all the way to 2002. My trustee took my 05,06, o7 ...
A: Any tax refunds to which you are entitled for tax years prior to the year you filed your bankruptcy ...
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| Is a Small Claim Case a Violation of Automatic Stay? | 1/29/2009 |
Q: On December 5th 2008 I filed a small claim in Massachusetts against Circuit City for damage caused ...
A: That's strange. I already posted a follow up answer to this. Anyway, the issue is whether you are ...
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| Is a Small Claim Case a Violation of Automatic Stay? | 1/29/2009 |
Q: On December 5th 2008 I filed a small claim in Massachusetts against Circuit City for damage caused ...
A: It's partially correct, but the bigger factor is whether or not you are actually a post petition ...
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| Is a Small Claim Case a Violation of Automatic Stay? | 1/29/2009 |
Q: On December 5th 2008 I filed a small claim in Massachusetts against Circuit City for damage caused ...
A: With the dates you just listed, it is clearly a violation of the automatic stay and you need to ...
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| Re-open BK to include vehicle | 1/28/2009 |
Q: My Chapter 7 was discharged in August 2008. I'd like to know if it is possible to re-open my BK ...
A: Depending on where your case was filed (for some reason you don't disclose that) you may not need to ...
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| Chapt 7 Adversary Proceeding | 1/27/2009 |
Q: I filed a chapt 13 to save my personal residence, then when I couldn't make the payments I converted ...
A: If I understand you correctly, one of your creditors is objecting to the discharge of their debt, ...
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| Co-signer rules | 1/27/2009 |
Q: My wife co-signed a car loan for her son. He is in midst of filing chapter 11. When we were ...
A: I'm not completely sure of the answers, but you were probably not notified of the bankruptcy case ...
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| Bankruptcy | 1/23/2009 |
Q: I filed bankruptcy in May 2008 it discharged in August 2008. Now I am getting sued by the landlord ...
A: There is really insufficient information to answer this. Were you under a rental agreement for a ...
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| TAX REFUND AFTER BANKRUPTCY | 1/23/2009 |
Q: MY HUSBAND AND I ARE GETTING READY TO FILE CHAPTER 7 BANKRUPTCY AND HAVE ACTUALLY ALREADY PAYED THE ...
A: Yes, that sounds right if you don't have sufficient exemptions under your state's laws to protect ...
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| Tax Refund Bankruptcy | 1/22/2009 |
Q: I live in the state of Idaho.My bankruptcy was filed in Dec 2008. I have had the 341 meeting. I ...
A: As to your bankruptcy question, if you received retirement income within 6 months prior to filing ...
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| Tax Refund after closing | 1/16/2009 |
Q: Our Ch 7 case was designated no-asset, discharged and closed in 10/08. We are expecting to receive ...
A: It's probably safe to assume that. Technically, you need to make sure that the refund was listed on ...
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| Chapt 7 - 2nd Mortgage Judgement Entered Anyway | 1/15/2009 |
Q: My primary mortgage was in foreclosure (non judicial) and a foreclosure sale date was set for mid ...
A: 1. Assuming the creditor did not first obtain relief from the automatic stay with the court, yes it ...
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| Chapter 13 Dismissal | 1/13/2009 |
Q: Just received via mail today that our Chapter 13 had been dismissed for non-payment. Prior to this, ...
A: Well, it depends on why you filed a Chapter 13 case to begin with. If the reason was excess income, ...
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| bancruptcy and my student loan | 1/9/2009 |
Q: I have a question me and my husband now divorced and I am remarried filed for bancruptcy in 1989 we ...
A: You would have to hire an attorney to analyze the law as it stood in 1989 as relates to student ...
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| How soon after buying home can we file chapt. 7??? | 1/8/2009 |
Q: We just purchased a home 2 months ago and the monthly payments are only about 100 more than our rent ...
A: Bankruptcy is a definite possibility, but you need to have a comprehensive consultation with a ...
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| Filed chap 13/ motion for relief from automatic stay | 1/7/2009 |
Q: We filed a chap 13. in the state of California, We are still having financial problems and living in ...
A: That depends on where they were in the foreclosure process before you started your Chapter 13 case. ...
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| Banckruptcy Chpt.7 | 12/30/2008 |
Q: I live in the state of Arizona. I am a landlord and I rent out my home to a tenant that just filed ...
A: You are listed because you are a creditor in her bankruptcy case by virtue of the lease she has with ...
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| Amending assets in Chapter 7 | 12/27/2008 |
Q: I had my chapter 7 341 meeting in November and I am 32 days into my 60 day waiting period for ...
A: As long as you inadvertently failed to originally list it, I think filing an amendment is the ...
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| Chapter 7 and Checking Acct. | 12/23/2008 |
Q: I have about 60K in credit card debt that I have acquired over the past several years. I lost my ...
A: Exemption laws vary from state to state. I have no idea what Georgia's exemption laws are as I ...
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| chapter 7 possible but currently abroad | 12/17/2008 |
Q: I have been living in another country for the past 11 months. I still have the same permanent ...
A: Yes, you can file bankruptcy here in the United States if you live overseas, although you would need ...
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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: Yes, you are required to list all assets and all debts in any bankruptcy case. A failure to do so ...
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| BUYING A CAR AFTER BANKRUPTCY | 12/16/2008 |
Q: OUR BANKRUPTCY WAS DISCHARGED IN OCT. WE ARE SENIOR CITIZENS AND NEED TO PURCHASE A USED CAR. WILL ...
A: I cannot tell you what an individual lender/dealer is going to do or not do. You may have ...
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| Chapter 7 vehicle laws | 12/15/2008 |
Q: I lost my job and receive only 1100.00 month unemployment benefits. In reaffirming my home loan I ...
A: To answer your first question, no, you cannot avoid consensual liens, which would include the one ...
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| valid home sale. | 12/15/2008 |
Q: The expert can't answer your question. Your Question was: If an Appraisal was done in April,07, ...
A: If the sale took place during the chapter 13 case, there had to be bankruptcy court approval of the ...
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| Should I file for Chapter 7? Do I qualify? | 12/12/2008 |
Q: I have had severely poor luck in the last year with my finances and had to move 3 times from Japan, ...
A: You should examine all your options to see what works best for you. If your credit is still good, ...
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| Chapter 7 Disability Payments | 12/9/2008 |
Q: My husband applied for Social Security Disability Benefits in Aug. 2008. We filed for Chapter 7 ...
A: Social security benefits are exempt. Just make sure that you don't mix that $12,000 with any other ...
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| BANKRUPTCY | 12/9/2008 |
Q: I have a rental house that is in the forclosure process. If I file bankruptcy will the forclosure ...
A: TIming on foreclosures are governed by the laws of whatever state the property is located. Filing ...
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| How does a bankruptcy affect a foreclosure? | 12/8/2008 |
Q: I have a friend in CA who sold a small piece of undeveloped property in northern California about 10 ...
A: Assuming your friend has a properly perfected security interest in the property, then he is ...
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| lien against chapter 7 bankruptcy | 12/7/2008 |
Q: I won a judgment against a business and filed a lien on his assets without knowing that the date I ...
A: The lien is void, at least in the 9th Circuit. You need to take steps to remove the lien (although ...
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| Amending a Bankruptcy | 12/3/2008 |
Q: We filed our bankruptcy in Ca and it was discharged in April of 2008. We surrendered our house. The ...
A: The bankruptcy should not be preventing the bank from working with you. They are free to enter into ...
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| GAU/food stamps/ ssdi | 12/2/2008 |
Q: We are filing for bankruptcy jointly. I am on disability. Our son is in the process of appealing ...
A: I'm sorry, but what is "GAU"? If that (and the food stamps/medicaid) is administered through the ...
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| filing chapter 13 after chapter 7 or conversion | 12/1/2008 |
Q: Markus I was hoping you could shed some light on my situation. I am behind on my 1st mortgage ...
A: There shouldn't be any problem doing that. The "bad faith" issue on the lien stripping is that if ...
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| filing chapter 13 after chapter 7 or conversion | 12/1/2008 |
Q: Markus I was hoping you could shed some light on my situation. I am behind on my 1st mortgage ...
A: That is a great question and one we have been discussing in our district lately. At least one judge ...
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| Chapter 7 in CA - 401K loan repayment | 11/30/2008 |
Q: I have a 30K outstanding 401K loan, 66K in credit cards, 10K on a car loan (with only 1K in equity). ...
A: Sorry I took so long to respond, but I actually had to think about this one for a bit. The best ...
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| Suing someone after they've filed for bankruptcy | 11/30/2008 |
Q: This takes place in the State of California. A friend I loaned $7500.00 to is filing for bankruptcy ...
A: The option to reaffirm the debt is up to him, not you. There's no information to reveal. If he ...
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| 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: No. The only way you would be legally able to sue him after is if you enter into a valid ...
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| Foreclosure after Bankruptcy | 11/27/2008 |
Q: Mr. Markus: My Chapter 7 bankruptcy was discharged by the Court on 11/7/08. During the bankruptcy, ...
A: Doing a reaffirmation agreement has nothing to do with a TIL or RESPA claim, but a failure to list ...
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| Chapter 7 | 11/23/2008 |
Q: My sister-in-law quit her job and is now receiving SSI because of disability. She has a lot of ...
A: Exemption laws vary from state to state and have nothing to do with income. I'm 99% sure she can ...
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| Can funds be taken from my bank account due to a levy AFTER I filed for bankruptcy? | 11/22/2008 |
Q: Can funds be taken from my bank account due to a levy (personal lawsuit) AFTER I filed for ...
A: If the funds were taken after you filed for bankruptcy, then the creditor has violated the automatic ...
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| chapter 7 | 11/21/2008 |
Q: If I file for chapter 7 bankruptcy will they take my tax returns every year to pay off my creditors ...
A: I believe you mean tax refunds. The tax RETURNS are required to be provided for the most recently ...
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| schedule j | 11/21/2008 |
Q: In filling for bankruptcy, should schedule J (current expenditures)and I (current income)include ...
A: They are supposed to be a snapshot of the figures on the date the case is filed, but there is also a ...
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| credit card | 11/21/2008 |
Q: What can credit cards do if someone has high balances and stops paying them because of lack of funds ...
A: They can do what any other creditor can do. They can file a lawsuit, obtain a judgment, then try to ...
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| Filed Chapter #7 now can't keep payment on home paid | 11/20/2008 |
Q: My husband and I filed chapter #7 two years ago. We signed to reaffirm our home. Now my husband is ...
A: I'm very sorry to hear about your situation. You have my deepest sympathies. Unfortunately, if ...
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| Line of Credit Bankruptcy | 11/19/2008 |
Q: I have a line of credit taken out on a house in 2006. The lender failed to record a lien or deed on ...
A: I would check with a real estate attorney regarding the laws of whatever state you're in to make ...
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| can i refile chap 7 if judge kicks it back? | 11/18/2008 |
Q: Can i refile chap 7 if the judge kicks it back due to incorrectly claiming items on the means test? ...
A: You need to find an attorney. This is way beyond your ability to figure out on your own. It has ...
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| Consolidated loan, ex-wife filing bankruptcy | 11/17/2008 |
Q: My ex-wife and I both make monthly payments to Sallie Mae on a consolidated student loan. When our ...
A: It would only affect your credit rating if you are legally obligated to make payments on that (or ...
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| 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: If being over your credit limit was solely because of late fees and interest, that should not affect ...
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| Los Angeles BK | 11/16/2008 |
Q: My husband and I own a home in Los Angeles which we purchased when I was earning a significant ...
A: Trustees do not make determinations as to whether a case is "approved" or not. There is not enough ...
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| student loan/2 weeks of class | 11/14/2008 |
Q: I am in a state of financial ruin. Medical bills and credit card debt, pay day loans and a student ...
A: Student loans are not dischargeable in bankruptcy unless you prove at trial undue hardship, which is ...
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| secured debt after filing chapter 7 | 11/11/2008 |
Q: I had a secured deft which was a car. I filed and was discharged. now after discharge I get a ...
A: My answer has not changed. First of all the Trustee has nothing to do with doing a reaffirmation ...
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| secured debt after filing chapter 7 | 11/11/2008 |
Q: I had a secured deft which was a car. I filed and was discharged. now after discharge I get a ...
A: I'm guess that the creditor is either Ford Motor Credit or Chrysler. They are the only two who do ...
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| BANKRUPTCY | 11/6/2008 |
Q: all debts are under my name only. my wife and I do not qualify for ch. 7 because of too much income. ...
A: This is an issue you really need to direct to a family law attorney familiar with the community ...
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| Bankruptcy and divorce | 11/4/2008 |
Q: My cousin and her husband were getting a divorce in South Carolina. They had purchased a van during ...
A: This depends in part on South Carolina marital/property laws, of which I have no knowledge, but in ...
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| Forclosure after bankrupcy discharged | 11/1/2008 |
Q: I've been discharged from bankruptcy in April of 2008. I signed re-affirmation on home that I'm ...
A: You have until 60 days after the reaffirmation agreement is filed with the court to rescind it. ...
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| Where do we begin with Bankruptcy...??? | 11/1/2008 |
Q: First, a sincere thanks. I'm not sure where to begin. My mom (roughly 72 years of age) got into ...
A: The only way to answer your questions is to have a comprehensive consultation and go over her entire ...
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| Ch. 13 need help immediately | 10/30/2008 |
Q: We filed Ch. 13 and had a personal loan that mom co signed. We signed a protect co signer paper. ...
A: No, there isn't anything you can do except make the bank aware of the chapter 13 case and cite the ...
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| Ch. 13 need help immediately | 10/30/2008 |
Q: We filed Ch. 13 and had a personal loan that mom co signed. We signed a protect co signer paper. ...
A: I'd have to research it, but I think as long as you are in the Chapter 13, your mom is protected by ...
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| Bankruptcy chapter 7 including home | 10/29/2008 |
Q: I'm asking this for a friend. The state is Florida. He and his ex-wife have been divorced for 8 ...
A: I don't know what you mean by "include the home". All assets and all debts must be listed in any ...
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| House after Chapter 7 Discharge | 10/27/2008 |
Q: I have been granted discharge in my Chapter 7 case. The two mortgages were listed as secured debts ...
A: You don't owe anything to the bank, but you ask a very good question. I suspect the answer will ...
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| bankruptcy after a foreclosed home? | 10/24/2008 |
Q: My husband just lost his job and will be getting a severence pay of four months. We are already 4 ...
A: You need to have an attorney analyze your entire situation. There's no way to answer your question ...
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| chapter 7 bank account(assets) | 10/23/2008 |
Q: I live in california and I just filed for a ch.7 less than 1 week ago with an attorney. I am very ...
A: This is not your attorney's fault. Wells Fargo is the only bank that does this. Unless you owe ...
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| Chapter 13 - am I eligible | 10/22/2008 |
Q: I live in CA, have an unusual situation. Married 19 years, however my name is not on the deed of the ...
A: This is way too involved to deal with in this format, I'm sorry. You need to consult with a ...
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| Chapter 13 - am I eligible | 10/22/2008 |
Q: I live in CA, have an unusual situation. Married 19 years, however my name is not on the deed of the ...
A: I'm sorry to hear about your circumstances. Eligibility for any bankruptcy case can only be ...
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| post chap13 discharge harrasement | 10/16/2008 |
Q: Texas: had chap13 discharged 6/18/02.Now receiving threatening letters from a former creditor past ...
A: That's what I would do. Don't threaten them--just indicate that their debt was discharged and any ...
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| Listing home on Bankruptcy | 10/7/2008 |
Q: I am trying to do my own bankruptcy and am having trouble with the asset part of listing my home. ...
A: If you ultimately intend to let them foreclose, then I don't see any harm in checking surrender, but ...
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| bankruptcy 5 years ago. Recently learned about IRS Levy due to a 1099 from Mortgage company. | 10/6/2008 |
Q: Can they do this, the mortgage company, this was for &48,000.00. I now owe the IRS $24,000.00 ...
A: This is a very complicated area of law, so I cannot give you a yes or no answer to this. However, ...
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| Chap 7 filing and release of stay | 10/2/2008 |
Q: we filed ch 7 and have our meeting of the creditors on Monday. We are current on our mortgage, but ...
A: If you are current on your mortgage payments, I don't think they can foreclose, although that is ...
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| Gay couple and requirements on income | 10/2/2008 |
Q: I have consulted an attorney about filling bankruptcy. He has informed me that the laws state I ...
A: To my knowledge, unless you are married (which can be done in some states now, but I doubt Kentucky) ...
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| ch.13 | 10/1/2008 |
Q: We filed for Ch.13 almost 11 months ago. our case is not yet confirmed. the Trustee wants us to ...
A: If your case is dismissed, then any funds that have not been disbursed to your creditors will either ...
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| Ineritance & Bankruptcy | 9/30/2008 |
Q: I have an inheritance with other family members, it is property that is leased and we all get money ...
A: I'm a little unclear on your facts. You say you have an inheritance. I think you mean you already ...
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| Foreclosure and Chapter 7 | 9/30/2008 |
Q: I am in the process of filing Bankruptcy and just had my meeting with the trustee. He asked if I was ...
A: Unless you failed to disclose your ownership of your house and the corresponding secured debt on ...
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| Chapter 7 - inheritance, IRA protected | 9/29/2008 |
Q: We are filing chapter 7 bankruptcy in California. Can you confirm if money in an IRA is protected? ...
A: Well, you're adding some very complicated nuances to your question, but basically the funds in the ...
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| Motion for Relief from Stay | 9/27/2008 |
Q: We filed Chap. 7 and are awaiting discharge. We were 2 months behind in our 2nd mtg. to Wells Fargo ...
A: I can't tell you why the court entered that order, because I was not at the hearing, but based on ...
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| Chapter 7 Discharge | 9/25/2008 |
Q: My wife and I filed a Chapter 7 petition in CT on 05/14/2008. The notice we received from the court ...
A: Yes, it should be a done deal. They don't always process these things in order, and they may be ...
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| Overpayment of Disability & Chap 7 | 9/24/2008 |
Q: Can Unum reduce post Chap 7 petition disability benefits by pre-petition overpayments that were ...
A: The answer is "yes", sometimes it is appropriate for a disability insurance provider to recoup ...
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| BANKRUPTCY | 9/23/2008 |
Q: If a person has not paid the mortgage of his rental house in over 3 months is there any "too late" ...
A: I'm not sure I understand how not paying the mortgage on one property would affect another, but you ...
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| Chapter 7 bankruptcy in IL | 9/16/2008 |
Q: I moved back to my hometown in Herrin, IL in October, 2007. My FL house was on the market for a ...
A: I have no idea what Illinois' law is regarding repayments of loans to family members, but under the ...
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| Bankruptcy before the closing date | 9/14/2008 |
Q: What would happens if I file Chapter 7 before the closing date of the sale of my home? Can my real ...
A: Whatever you would owe to the agent or buyers would be covered by your chapter 7 bankruptcy case. ...
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| Eviction | 9/13/2008 |
Q: I am planning on filing for bankruptcy, I have not yet though. My landlord just filed the paperwork ...
A: An eviction is procedure to get someone physically out of a piece of property. Discharges in ...
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| Motion to Dismiss Chapter 7 | 9/9/2008 |
Q: I recently received a motion to dimiss my chapter 7 case in the mail. I am NOT represented by an ...
A: Absolutely not. Unsecured debts, whether dischargeable or not, are not part of the means test ...
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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: On the date you file your bankruptcy case, everything you own or have an interest in becomes ...
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| Chapter 7 | 9/8/2008 |
Q: I live in the state of Ohio. I currently am behind on all of my credit cards. I have not paid my ...
A: Assuming proper notice is given, the foreclosure process will have to stop until the automatic stay ...
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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: As to your first question, the process usually takes 3-4 months from filing until discharge, absent ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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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: The answer depends on a number of factors, most importantly the applicable state exemptions laws ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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. ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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. ...
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| 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 ...
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| 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. ...
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| 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. ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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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: It depends on whether Maryland is a community property state or not. I'm guessing by your wife's ...
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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: Yes, but you probably would not be allowed to use the negative income to show a lower monthly budget ...
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| 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 ...
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| 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 ...
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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: 1. Generally, no, unless you are paying 100%. Although you can set aside funds for emergency ...
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| 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 ...
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| 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 ...
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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 obviously can't answer the first question without a lot more information. As to your second, it ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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, ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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. ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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. ...
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| 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 ...
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| 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 ...
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| 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, ...
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| 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 ...
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| 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, ...
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| 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 ...
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| 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, ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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, ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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, ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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, ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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, ...
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| 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 ...
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| 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. ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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? ...
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| 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 ...
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| 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? ...
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| 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. ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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. ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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? ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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, ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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. ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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. ...
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| 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 ...
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| 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. ...
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| 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 ...
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| 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, ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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. ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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. ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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, ...
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| 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 ...
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| 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 ...
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| 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) ...
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| 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 ...
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| 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. ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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. ...
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| 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 ...
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| 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 ...
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| 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 ...
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| BK7 | 7/9/2004 |
Q: I would like to seek a chapter 7. What I would like to know is. I have established some good ...
A: You are required to list all assets and all debts in any bankruptcy case. You can always ...
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| How can I apply for a Home Improvement Loan with a Chapter 13? | 6/20/2004 |
Q: I have a house that is much needed for repairs. Can I apply for a Home Improvement Loan with Chapter ...
A: If you are in a CH .13 case you need to get court approval for any new loans. How that would play ...
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| Contemplating Bankrupcy? | 6/18/2004 |
Q: I am considering filing for Chapter 7 bankrupcy; however, prior to consulting an attorney I intend ...
A: 1. No that is not true. If you are current on your payments there is no legal basis for them to ...
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| Small Claims Judgement | 5/10/2004 |
Q: .. I lost a small claims decision against me for $2,000 for a computer. I have been making the ...
A: Yes, the small claims judgment is dischargeable in bankruptcy (assuming it was not a fraud ...
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| ch7 | 4/27/2004 |
Q: -i purchased the car with full cash payment back in 2000 as gift for her, and she has been the only ...
A: Well, you might be able to negotiate terms of payment with the Trustee, but usually not for more ...
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| ch7 | 4/27/2004 |
Q: i just had the trustee hearing and a problem arose about which i am seeking a second opinion. i ...
A: I cannot advise you without having a lot more relevant facts. For example, at the time the car was ...
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| Contact by a creditor after bankruptcy is discharged | 4/22/2004 |
Q: Our bankruptcy was discharged in July 2003. One of our debts was secured and was for a piece of ...
A: Well, there is no definite answer to your question. Technically, if the creditor really wanted to ...
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| Bankruptcy question | 4/20/2004 |
Q: What can be avoided by filing bankruptcy. I have numerous credit card bills that are past due and ...
A: First, I do not practice in Georgia, so I have no idea what that State's collections laws and ...
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| Filing Chapter 7 | 3/29/2004 |
Q: I am (unfortunately) seriously considering filing Chapter 7 bankruptcy. Thanks to an ex-husband that ...
A: 1. No, a creditor is someone you owe money to, so you don't need to list credit cards with zero ...
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| Chapter 13 dismissed? | 2/22/2004 |
Q: I filled chapter 13 on (to save my home from forclosure and I also had $19,000 in unsecured debt) ...
A: You need to get an attorney today. This is way more than you can handle on your own, or that I can ...
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| Lease and Bankruptcy | 2/15/2004 |
Q: If a vehicle is turned back during a chapter 13 would anything be owed to the lease company. Could ...
A: Theoretically, yes. Although many lease contracts have all kinds of penalties, etc. built in to ...
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