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Bankruptcy Law/Questions Answered by Expert Mark J. Markus- California Bankruptcy Attorney
| Subject | Date Asked |
| ch7 | 1/12/2012 |
| Q: My wife filed ch7 and she was discharged in Ky, we had 2 cars (me & her on the contract) from a ... A: This sounds like it is a credit report question rather than a bankruptcy question, but let me do my ... | |
| Judgement discharged in BK but not released | 12/22/2011 |
| Q: I am trying to buy a house. I did BK in 2008 (or some around that time) anyway, I had a debt with ... A: If they recorded a judgment against your property before your bankruptcy case was filed, then you ... | |
| Consequences of Bankruptcy | 12/19/2011 |
| Q: After being denied a debt consolidation loan, I talked to a financial adviser at my credit union ... A: You have received a lot of misinformation about bankruptcy. I will try to answer your questions. ... | |
| Filing Bankcruptcy outside US | 12/8/2011 |
| Q: We are living overseas for last six months, and planning to file bankcruptcy in the state of ... A: Yes, it is possible to do that, although it is certainly more complicated. As long as you meet the ... | |
| Trust Interset in LLC ownership | 11/29/2011 |
| Q: If a California resident files BK with ownership in a California LLC listed as an asset, what are ... A: I'm not sure what "trust" you are referring to. Assuming you instead are asking about the Trustee ... | |
| Federal Tax Return after Bankruptcy discharge | 11/24/2011 |
| Q: We recently received a chapter 7 discharge, my question when we file taxes will our return be taken? ... A: I assume you mean refund, not return. Tax returns are documents and you are required to provide the ... | |
| car after bankruptcy | 11/8/2011 |
| Q: i recently had a bankruptcy discharged, i did not include a car i own in the bankruptcy because my ... A: Yes, the cosigner is liable for the payments on the vehicle regardless of what you do. Thus, if the ... | |
| An old debt that was not included in original BK | 10/19/2011 |
| Q: In the fall and winter of 2001 i had enrolled in school but did not attend due to mental health ... A: First of all, the failure to list the debt in your bankruptcy case has no impact on the present ... | |
| Personal Bankruptcy - Title to Parents Home | 10/5/2011 |
| Q: My wife and I are experiencing severe financial difficulties at the moment and are considering ... A: The answer depends on a number of different factors, not the least of which is how much equity there ... | |
| Chapter 7 and Short Term Disability | 9/29/2011 |
| Q: I am currently in a Chapter 7 with automatic payment deductions. I was wondering if deductions will ... A: Typically there are no payments required in Chapter 7 cases, unless you have reached some kind of ... | |
| Short Term Disability | 9/26/2011 |
| Q: Having surgery soon...will bankruptcy payments be deducted from short term disability? A: Your question makes me assume that you are either in a Chapter 13 or Chapter 11 case, although you ... | |
| Ch. 7 discharge of expected debt from unintentional tort? | 9/24/2011 |
| Q: A neighbor alleges that I committed negligence causing her significant property damage. If I file ... A: First of all, if you file a bankruptcy case, there cannot be a future judgment against you on that ... | |
| ch. 7 | 9/15/2011 |
| Q: My ch. 7 case was discharged I think about 1 1/2 years ago. I live in Maryland, Montgomery County. I ... A: Just get a copy from the bankruptcy court file by contacting the bankruptcy court where your case ... | |
| Second Mortgage Responsibilities After Foreclosure | 8/29/2011 |
| Q: My Dad's finances have gotten completely away from him and the situation is complicated by the fact ... A: The facts are a little strange, but if the first mortgage has been paid off, then the second ... | |
| STATUS CONFERENCE HEARING RE: BANKRUPTCY | 8/19/2011 |
| Q: My husband and I have filed Ch.7 and our 341 hearing in scheduled on 09/20. Before we filed, we were ... A: No, there is no need to attend that hearing. In fact, if your case is filed in the 9th Circuit ... | |
| Schedule I | 8/15/2011 |
| Q: My husband and I have filed Ch.7 w/o an attorney and we are awaiting our 341 hearing. We reside in ... A: No, there is no need to amend for that. The amount that is actually withheld from your paychecks is ... | |
| premarital debt | 8/4/2011 |
| Q: Have premarital credit card debt from AZ, a community property state. Moved to New York and ... A: Your wife should not be on the hook for that, but you should check with a family law attorney in New ... | |
| Reopening a ch.7 BK to add omitted creditor | 8/4/2011 |
| Q: I filed a ch.7 bk in 2008 and received a discharge. Recently i got a call from a collection agency ... A: This depends on where your case was filed, and you don't provide that information. If it was filed ... | |
| disposable income | 8/2/2011 |
| Q: In a ch 7 where your easily under the median income but still have some disposable income, what is a ... A: If you live in a Community property state, there is simply no basis to include debts which are ... | |
| disposable income | 8/2/2011 |
| Q: In a ch 7 where your easily under the median income but still have some disposable income, what is a ... A: There's no problem with there being a monthly deficit as long as you explain how it is made up (e.g. ... | |
| disposable income | 8/2/2011 |
| Q: In a ch 7 where your easily under the median income but still have some disposable income, what is a ... A: Both very good questions. Schedules "I" and "J" do still factor into the analysis on whether or not ... | |
| Limited civil prior to ch.7 | 7/29/2011 |
| Q: My husband and I will be filing Ch.7 We were delayed because we were behind on our mortgage payments ... A: Once your bankruptcy case is filed, you should file a Notice of Stay in the state court action and ... | |
| Limited civil prior to ch.7 | 7/29/2011 |
| Q: My husband and I will be filing Ch.7 We were delayed because we were behind on our mortgage payments ... A: You don't ever need to file an Answer if you're going to be filing a Chapter 7 case, unless it's ... | |
| bankruptcy and tax refund | 7/20/2011 |
| Q: I had an SBA guaranteed loan that just got discharged in a chapter 7. I know that the US Treasury ... A: You should not lose your tax refund if the debt was discharged in your chapter 7 bankruptcy case. ... | |
| chapter 7 | 6/28/2011 |
| Q: My home was recently foreclosed on then sold at auction, I have been unemployed for 2 1/2 years and ... A: I don't really understand the advice you were given. The only reason to wait to file the Chapter 7 ... | |
| BK- CH7- house included w/o foreclosure | 6/23/2011 |
| Q: Where do I stand? I filed for BK-CH7 back in 2009 with my condo's first and second included. I ... A: If they haven't foreclosed, and you haven't sold it, then the status is that you still own it. I ... | |
| BK- CH7- house included w/o foreclosure | 6/23/2011 |
| Q: Where do I stand? I filed for BK-CH7 back in 2009 with my condo's first and second included. I ... A: I'm not sure I'm clear on your question. Are you asking if your mortgage debts were discharged in ... | |
| Chapter 7/Car given and transferred to daughter | 6/2/2011 |
| Q: I live in California. My husband and I gave our car (that is free and clear) to my daughter who is ... A: The bankruptcy should not affect the loan modification, but it might depend on the exact terms of ... | |
| Chap 7 | 5/25/2011 |
| Q: I am in California. I have been trying to modify my main home loan for about two years. I have ... A: As long as there is no equity in the property in question, the Trustee is not going to take any ... | |
| Bankruptcy filing | 5/24/2011 |
| Q: I filed for Ch7 bankruptcy on 10/14/2005, 3 days before the new 8yr wait went into effect. Would I ... A: It's based on the law that is in effect when you file your case, so the new case is subject to the 8 ... | |
| Chapter 7/Car given and transferred to daughter | 5/22/2011 |
| Q: I live in California. My husband and I gave our car (that is free and clear) to my daughter who is ... A: Unfortunately, the Trustee is correct. The transfer of title to your daughter within one year prior ... | |
| Chap. 7 and mortgage | 5/15/2011 |
| Q: My husband and I will file for Chap. 7 in June 2011. We have a mortgage and little if any equity in ... A: The bank can seek to foreclose after bankruptcy if you do not reaffirm and you are in default under ... | |
| Chapt 7 | 5/6/2011 |
| Q: I am in California. If I surrender my residence in Chapt 7, how many months does the bank let me ... A: That depends on how quickly the bank moves to evict you. First they have to foreclose on the ... | |
| cram down if in foreclosure | 5/1/2011 |
| Q: Is it possible to cram down a deed of trust on a commercial / investment property if the property ... A: There really isn't enough information to answer your question. What Chapter of bankruptcy was ... | |
| BK-13 Tax Refunds Question | 4/27/2011 |
| Q: "I filed BK-13 and according to the provisions of our Plan, any Income Tax Refund received, must be ... A: It really depends on the percentage your plan proposes to pay to your unsecured creditors. If it is ... | |
| Bankruptcy | 4/20/2011 |
| Q: My husband's ex girlfriend, NOT WIFE, is filing for bankruptcy, but she is telling us that since his ... A: No, you're correct. That's ridiculous. Even filing for legal separation if they were married ... | |
| ch 7 | 4/13/2011 |
| Q: Last year I filed for ch. 7 in Maryland and was discharged. I released two properties. For tax ... A: This is a standard practice for creditors who have losses on debts owed by those in bankruptcy. ... | |
| Rental Income Post-BK Discharge | 4/9/2011 |
| Q: Markus, At the end of 2009 my partner filed Chapter 7 Bankruptcy which included two rental ... A: That depends on who currently owns the property. Your partner being discharged of debts has nothing ... | |
| ex-husband recently filed Chptr 7 | 3/27/2011 |
| Q: I apologize in advance for the rambling; however, I want you to have complete info (and I'm ... A: You are essentially correct. The divorce court order cannot change the obligations that either of ... | |
| Chapter 7 and reaffimation | 3/23/2011 |
| Q: We filed bankruptcy in Nov 2010. We talked with our mortgage company (PNC) and they offered a ... A: This is not the fault of either your attorney or the Trustee in your case. This is blatant, ... | |
| amend after discharge | 3/17/2011 |
| Q: i was wondering if it were possible to amend a bankruptcy that has been discharged? I am in ... A: Well, I'm sorry to say that if you actually reaffirmed the mortgages you're out of luck. There is ... | |
| amend after discharge | 3/17/2011 |
| Q: i was wondering if it were possible to amend a bankruptcy that has been discharged? I am in ... A: I'm not completely clear on your question. What is it that you want to amend? Unless you ... | |
| OH bankruptcy Ch7 | 3/16/2011 |
| Q: I filed for Ch7 bankruptcy in early Dec 2010-due to be discharged at the end of this month. I am ... A: It doesn't make any difference. On the date you filed your bankruptcy case you had a beneficial ... | |
| OH bankruptcy Ch7 | 3/13/2011 |
| Q: I filed for Ch7 bankruptcy in early Dec 2010-due to be discharged at the end of this month. I am ... A: You became entitled to receive the funds prior to your bankruptcy case being filed, so there is no ... | |
| Chapter 7 with truck lein | 3/4/2011 |
| Q: Our Chapter 7 was discharged in Nov. 2010. It included our truck which we still owed $19,000. We ... A: If you did not reaffirm the debt on the vehicle prior to your discharge, then yes they can repossess ... | |
| complaint to avoid and recover preferential transfers | 2/17/2011 |
| Q: why is it so difficult to prevail using the ordinary course of business defense, especially when ... A: That is a great question and I've asked it myself. I think the problem lies in the fact that ... | |
| bankruptcy & irrevocable trust | 2/4/2011 |
| Q: can someone who owns a home in new york state and has an irrevocable trust, collects a pension and ... A: First of all, anyone who files bankruptcy is protected from their creditors--that's one of the main ... | |
| Tax returns first season after Filing | 2/2/2011 |
| Q: I filed bankruptcy this last April 2010. I am having my taxes done, and anticipate a return of ... A: That depends on whether you scheduled the asset in your bankruptcy papers and exempted it. If you ... | |
| SSDI disability benefits | 1/28/2011 |
| Q: Are disability benefits payments considered exempt assets for Chapter 7 in California? Regards, ... A: They are exempt under one of California's exemption schemes (CCP 704.130) but it's unclear if they ... | |
| bankruptcy | 1/24/2011 |
| Q: About a year ago I filed for bankruptcy ch. 7 and released a rental row house in Baltimore, md. The ... A: This is pretty standard. The 1099 is for forgiveness of debt income, so it is BECAUSE the ... | |
| Chapter 13 Debt Limits | 1/13/2011 |
| Q: I have a $1,000,000 first and a $750,000 second on my personal residence. I also have a $45,000 lien ... A: They are secured as they are part of the balance owed to the first. The original loan amount is ... | |
| Chapter 13 Debt Limits | 1/13/2011 |
| Q: I have a $1,000,000 first and a $750,000 second on my personal residence. I also have a $45,000 lien ... A: No, you cannot ignore the debt, unless your relative files a release of lien and signs a document ... | |
| Chapter 13 Debt Limits | 1/13/2011 |
| Q: I have a $1,000,000 first and a $750,000 second on my personal residence. I also have a $45,000 lien ... A: Under those facts, you would not be eligible for Chapter 13. Eligibility is based on the amounts ... | |
| I am a creditor: A lien & a judgment set before a chapter 7 was filed | 1/12/2011 |
| Q: I work for an Homeowners Association management company & I do all the small claims for the ... A: OK, then assuming the lien was valid, it should survive the bankruptcy, but I am not an expert on ... | |
| I am a creditor: A lien & a judgment set before a chapter 7 was filed | 1/12/2011 |
| Q: I work for an Homeowners Association management company & I do all the small claims for the ... A: It is difficult to answer your question without knowing the exact dates each thing occurred. First ... | |
| Reaffirmation glitch? | 11/27/2010 |
| Q: We did a Chapter 7 in Michigan were told by 2 attorneys reaffirm or surrender. We are keeping the ... A: There is no reason to reaffirm debts on real property. Doing so accomplishes nothing for you and ... | |
| Chapter 13 Payment Plan and credit | 11/7/2010 |
| Q: My attorney had advised me to go into bankcrupt. I owe about 70,000 tax debt that is over 3 years ... A: A discharge is the release from obligation to pay on a debt. It is the primary reason to file any ... | |
| California domestic partnership bankruptcy | 11/2/2010 |
| Q: I live in California. My opposite sex domestic partner is filing for bankruptcy. We do not have ... A: Whether or not you are liable for his debts has nothing to do with his filing bankruptcy. You're ... | |
| Filing Bankruptcy From Germany | 11/2/2010 |
| Q: I am currently a DoD Civilian working in Germany, after having retired from the Army in 2008. My ... A: In order to file bankruptcy in the United States, you must have some assets here in the United ... | |
| Chapter 7 and Reaffirming a Loan | 10/26/2010 |
| Q: If you reaffirm a loan do you have to make up the delinquent/past due amount? Is there a standard ... A: That depends on the type of loan and what you negotiate as part of the agreement but the ... | |
| Filing Bankruptcy Overseas | 10/25/2010 |
| Q: I am a retired serviceman and current DOD civilian living/working in Germany. For many reasons, I ... A: In order to file a bankruptcy in the USA you must have some assets in the USA. This can, depending ... | |
| Reaffirmation Agreement | 10/13/2010 |
| Q: I financed a mobile home for my 83 year old mother. I owe a note on it with a private party. She ... A: That's a very good question. From my reading of the Code, you can file a reaffirmation agreement ... | |
| LLC BK | 9/30/2010 |
| Q: Myself , Brtoher , and ste mom own an LLC. We all own equal shares33.33 % The LLc currently owes ... A: That is governed by the laws of whatever State applies to the LLC and what the corporate bylaws ... | |
| Sallie Mae and Bankruptcy | 9/28/2010 |
| Q: Due to a failed business and substantial personal expenses incurred regarding that business, my ... A: Pursuant to 11 USC 525 a governmental unit, or student loan program that operates under a ... | |
| Bankruptcy chapter 11 | 9/13/2010 |
| Q: I am thinking of filing a chapter 11 bankruptcy for my corporation which has recently fallen into ... A: If you have one class of impaired claims that vote in favor of your plan, you can use the "cramdown" ... | |
| Chapter 7 Bankruptcy | 8/30/2010 |
| Q: Markus: We are in Marin County in California and considering filing Chapter 7 bankruptcy. In my ... A: Disputing the validity of a debt has nothing to do with whether it's dischargeable in bankruptcy or ... | |
| Gifts and bankruptcy | 8/24/2010 |
| Q: My father (in Florida) was given land (located in Louisiana) as a gift from his sister 40 or 50 ... A: The value of your father's interest in the property is clearly an asset of his bankruptcy estate, so ... | |
| bankruptcy and short sale | 8/23/2010 |
| Q: we put an offer on a home. The sellers are in default on the property. They filed for bankruptcy ... A: The way it's worded, I'm not sure what it means, but in order to sell the property, they need to ... | |
| question | 8/19/2010 |
| Q: I'm currently a student and I have almost no money and very little income. I'm going to be sued. (I ... A: It's difficult to advise you on what to do without going through a comprehensive consultation and ... | |
| forgotten creditor | 8/14/2010 |
| Q: filed achapter 7 bankruptcy in new york- closed 2 years ago. I forgot a creditor and now got a ... A: You need to consult with an attorney in your area about this. Here in the 9th Circuit, if it was a ... | |
| Adversary Complaint | 8/11/2010 |
| Q: My wife is listed as a creditor in a Illinois Bankruptcy case. I called the attorney that is ... A: Well that's a bit more information, but there's still a lot missing. Yes, you can file an Answer. ... | |
| Bankruptcy | 8/11/2010 |
| Q: I was involved in a personal injury lawsuit and lost. Now the defendant is coming after me to pay ... A: There's not enough information to answer your question. What was the basis of the personal injury? ... | |
| what rights do i have as a renter | 8/6/2010 |
| Q: I've been renting a house for the past year and the owner has not been paying his mortgage. now he ... A: You have the same rights as you did before the bankruptcy was filed and those will depend on the ... | |
| unperfected lien on discharged 2nd mortgage | 7/29/2010 |
| Q: Chapter 7 BK discharged in Minnesota on 6/2008 claimed 2nd mortgage (Heloc) as secured debt, Found ... A: I don't know what "Torrens" is, but if the lien was unperfected on the date your chapter 7 case was ... | |
| Can I keep my car in Bankruptcy? | 7/25/2010 |
| Q: If I file Chapter 7 bankruptcy can I keep my car that is financed? We have 2 cars that are financed. ... A: I'm not completely sure what you're asking. Are you asking if you can keep the car without making ... | |
| Reopening CH7 after a reaffirmation | 7/12/2010 |
| Q: First, thank you for your time. We filed and have been discharged from CH7 since mid April. We ... A: Reaffirming debts on real estate is almost never advisable (in fact, I've never seen a case where it ... | |
| Re: Chapter 7 Bankruptcy | 6/16/2010 |
| Q: Mark Marcus: Q1. I just took a counseling session required for chapter 7 filing. Is there any time ... A: The credit counseling certificate is valid for 6 months from the date the credit counseling is ... | |
| Chapter 7 during bifurcated divorce | 6/15/2010 |
| Q: My husband and I received a bifurcated divorce. During the attempt to settle the marital assets we ... A: This is purely a matter of the property laws of whatever state you are filing your bankruptcy case ... | |
| Chapter 13-can they claim this | 6/11/2010 |
| Q: I am checking into this for my father. He has a small business Commercial Refrigeration business ... A: If Cherry Street Grill is a separate legal entity, and it owes your father money, then it will ... | |
| QUESTION ABOUT COMMUNITY PROPERTY AND DIVORCE IN BK | 6/9/2010 |
| Q: Markus: I thank you in advance for answering my question. Here are the facts: In California ... A: The marital settlement agreement does not affect the relationship between the creditors and either ... | |
| law | 5/26/2010 |
| Q: My chapter 7 bankruptcy was discharged (accepted) about 6 months ago. All my debts have been erased ... A: This really depends on the laws of the courts in your jurisdiction. Here in the 9th circuit, ... | |
| judgement | 5/8/2010 |
| Q: had a house two year ago foreclosed on..have been unemployed for 12 months..I draw unemployment.my ... A: If you don't want to spend the rest of your life living on a cash basis and hiding from your ... | |
| Reaffirmation of Mortgage After Chapter 7 | 5/7/2010 |
| Q: How much will reaffirming my mortgage help to improve my credit score? Could it be advantageous in ... A: You accurately stated the dilemma. I am not a credit reporting expert, and I doubt anyone can ... | |
| Amendment to Bankruptcy filed in 03' | 5/6/2010 |
| Q: I recently filed a insurance claim after my aparment was broken into. i have had an insurance ... A: You would have to file a motion to reopen your bankruptcy case to amend Schedule "B". Did you own ... | |
| Debtor filed chapter 7, i am a creditor with an unsecured loan | 5/3/2010 |
| Q: A loan was made to a person in the amount of $ 3,000.00 when they claimed they needed the money to ... A: The proof of claim has absolutely nothing to do with your adversary case. The proof of claim is ... | |
| Debtor filed chapter 7, i am a creditor with an unsecured loan | 5/3/2010 |
| Q: A loan was made to a person in the amount of $ 3,000.00 when they claimed they needed the money to ... A: You don't state it, but I assume the initial case was filed under Chapter 13. If you filed a ... | |
| Bankruptcy | 5/2/2010 |
| Q: I have had my meeting of creditors for filing a chapter 7 bankruptcy in the state of Pennsylvania on ... A: This has nothing to do with your meeting of creditors. You add creditors by filing an Amended ... | |
| dismissal of a chapter 7 | 4/16/2010 |
| Q: We have filed a chapter 7 bankruptcy, had a meating of creditors and the trusteee is requesting ... A: Sorry to hear of your situation. First of all, the penalty for failure to file the post-filing debt ... | |
| Chapter 13 Creditor's Question | 4/14/2010 |
| Q: A tenant (Restaurant) filed Chap. 13 in 2008. They are over $200k behind on lease. Tenant company is ... A: First, there is no debtor-in-possession in a Chapter 13 case. That is a designation exclusive to ... | |
| SBA Loans | 4/7/2010 |
| Q: We had two stores in NY. We closed them both in Nov-2009. We have two SBA loans – one for each ... A: Yes, that is correct, the lien survives unless you take the steps previously mentioned. Yes, they ... | |
| SBA Loans | 4/7/2010 |
| Q: We had two stores in NY. We closed them both in Nov-2009. We have two SBA loans – one for each ... A: I'm not sure I understand your facts completely. Are these "stores" you refer to separate legal ... | |
| motor vehicle exemptions | 3/25/2010 |
| Q: My name is Adrian and I am filing a chapter 7. I am trying to find out the proproperty exemption ... A: I am not an expert on either one of those jurisdictions' exemptions, as they are not used in ... | |
| repo after discharged from bankrupt | 3/17/2010 |
| Q: I have filed chapter 7 a year ago, attorney has sent for refimation, bank has never responded so i ... A: The discharge of the debt on the vehicle has nothing to do with the lien the bank has, which remains ... | |
| Re-affirmation on 2nd mort. that was never filed | 3/10/2010 |
| Q: We filed chapter 7 bankruptcy May 2009, In July 09 we signed a reaffirmation for our 1 st mort. ... A: Not filing the reaffirmation agreement is probably the smartest thing you did (or didn't do) in your ... | |
| Chapter 7 schedule G- expired home lease | 3/10/2010 |
| Q: We are in the process of filing Chapter 7. We lease our home but the lease expired in August of 09 ... A: I do not list month-to-month tenancies on Schedule "G" or Form 8 because there is nothing that can ... | |
| Small Claims Judgment | 3/8/2010 |
| Q: I won a small claims judgment against the defendant, and after a month of receiving no payment I ... A: You are correct. You cannot take any actions to further collect on the debt. You should file a ... | |
| Debt owed to Debtor Filing Chapter 7 | 3/8/2010 |
| Q: I have just recently had a family court judgment in our favor for the amount of $40,000 made against ... A: The answer depends on the exemptions laws of whatever state or jurisdiction applies to your case. ... | |
| Confused about my Chap 7 filing | 3/7/2010 |
| Q: I hope you can give some insight to my questions. I attended the meeting of the creditors on Feb. ... A: Appearing at the meeting of creditors has nothing to do with anything. If this is a debt that ... | |
| Confused about my Chap 7 filing | 3/4/2010 |
| Q: I hope you can give some insight to my questions. I attended the meeting of the creditors on Feb. ... A: The loan has nothing to do with it, except to the extent that the value of the vehicle is higher ... | |
| Subsitution of counsel | 3/4/2010 |
| Q: HOW DO I FIRE OR SUBSITUTE MYSELF as counsel? Last week I personally filed a conversion form with ... A: The answer depends on the local rules of the court in your jurisdiction. Usually it requires the ... | |
| Confused about my Chap 7 filing | 3/4/2010 |
| Q: I hope you can give some insight to my questions. I attended the meeting of the creditors on Feb. ... A: Vehicle redemptions are done by motion pursuant to 11 USC 722. You need to file a motion to redeem. ... | |
| Reaffirmation | 3/2/2010 |
| Q: We are filing pro se in Riverside County and need to keep our two vehicles (6 adults at home). We ... A: There is no pass through option anymore. If you are comfortable believing your vehicle lenders that ... | |
| Reaffirmation not signed | 2/26/2010 |
| Q: My ex-husband and I filed bankruptcy in 1999. So as of date it is no longer on our credit reports. ... A: If you did not reaffirm the debt on the mobile home, and have not since refinanced or gotten a new ... | |
| BK CH 7 | 2/25/2010 |
| Q: I have filed for BK CH7 in CA and was discharged in December 2009. I have a civil lawsuit against an ... A: I just want to be clear on the facts: You are the plaintiff in a lawsuit that was pending when you ... | |
| RE: Credit Card Debt, Equity Loan and Chapter 7 | 2/24/2010 |
| Q: Markus: RE: Credit Card Debt, Equity Loan and Chapter 7 Q1. I am receiving letters from credit card ... A: Q1: Your debts are equally dischargeable regardless of whether you file before or after a lawsuit or ... | |
| bk | 2/24/2010 |
| Q: My wife filed bk in utah a month ago.2 weeks prior took out 401k loan for $9000 with no real proof ... A: She is required to show any such transfers (e.g. to her mother) on Statement of Financial Affairs ... | |
| 2nd mortgage | 2/19/2010 |
| Q: Ex wife and I are both on mortgage. She kept house. If she takes out 2nd mortgage, am I liable for ... A: You are only liable for debts you signed for or, if you live in a community property state, for ... | |
| When to File | 2/19/2010 |
| Q: I'm at the point where I can no longer afford my RV payment, credit card payments, and ... A: It doesn't really matter whether you file before, during or after. The key question is your ... | |
| Chapter 7 debts discharged (including school loans) | 2/16/2010 |
| Q: Yes I have a two fold question please. When my husband and I filed for Chapter 7 we explained the ... A: You didn't tell me this was an asset Chapter 7 case, but it doesn't change my answer. ... | |
| Chapter 7 debts discharged (including school loans) | 2/13/2010 |
| Q: Yes I have a two fold question please. When my husband and I filed for Chapter 7 we explained the ... A: There are no debts listed on the "discharge papers". Your discharge discharges you from any debts ... | |
| CH 7 -- can I negotiate on car loan? | 2/11/2010 |
| Q: I live in oregon, and have filed for CH 7 BK. My meeting of creditors is next week. We have a car ... A: You can negotiate anything you want. Whether your vehicle creditor will do it is another story ... | |
| bad faith? | 2/11/2010 |
| Q: Would signing a 6 month lease on apartment and moving out of parents house a month before filing ... A: Any income you RECEIVE is part of the means test. If you are utilizing a higher household size in ... | |
| bad faith? | 2/11/2010 |
| Q: Would signing a 6 month lease on apartment and moving out of parents house a month before filing ... A: Your parents' income has nothing to do with your eligibility to file bankruptcy. If they have given ... | |
| Bonus Received after Filing | 2/10/2010 |
| Q: I am probably (though not guaranteed) to receive a bonus in mid March. According to my company ... A: California's wildcard exemption under CCP 703.140(b)(5) is more than the Federal. I would use that. ... | |
| Bonus Received after Filing | 2/9/2010 |
| Q: I am probably (though not guaranteed) to receive a bonus in mid March. According to my company ... A: It would not be included in the income received on Form 22A but should be disclosed, at least as an ... | |
| house | 2/2/2010 |
| Q: If i file bankruptcy and have very low income but am caught up on the mortgage ($746/month), will I ... A: The divorce decree doesn't change your obligation to the creditors. What it does is create a debt ... | |
| house | 2/2/2010 |
| Q: If i file bankruptcy and have very low income but am caught up on the mortgage ($746/month), will I ... A: reaffirmation on real property debts is not required. If you stay current with the payments, the ... | |
| Chapter 7 and real estate | 1/26/2010 |
| Q: We live in California, and own 2 homes. The first is worth about 510,000 and we owe 415,000. It is ... A: In a Chapter 7 case you would likely have to give up the property with equity. If you moved back ... | |
| can they foreclose on my home | 1/18/2010 |
| Q: I filed chapter 7 BK and received discharge in 8/07. I received a letter yesterday from a company ... A: If they had a valid lien recorded against your real estate, more than 90 days before your Ch. 7 case ... | |
| chapter 7 bankruptcy | 1/15/2010 |
| Q: my wife and I live in Oregon and are ready to file for ch 7, but have a concern that may keep us ... A: The issue is how much was her equity interest when it was transferred. That is the relevant amount ... | |
| Amending a statment of intention | 1/12/2010 |
| Q: In September I filed for chapter 7 bankruptcy and have not received a discharge yet. When I filed my ... A: To do a redemption you need to file a Motion with the Court to establish the amount of the ... | |
| bk 13 | 1/11/2010 |
| Q: i am in bk 13 all credit car one use car can trustee take my tax refund direct from IRS. ANSWER: If ... A: I don't think the Trustee can take it directly from your tax refund, but I have no idea how things ... | |
| bk 13 | 1/11/2010 |
| Q: i am in bk 13 all credit car one use car can trustee take my tax refund direct from IRS. A: If you are paying less than 100% to unsecured creditors in your Chapter 13 case, most courts will ... | |
| life insurance proceeds and interest | 1/10/2010 |
| Q: I filed bankruptcy in May 2003 in Portland, Oregon. Shortly prior to filing I received notification ... A: I'm pretty sure I never said any such thing. If you were entitled to receive these proceeds prior ... | |
| reaffirmation | 1/10/2010 |
| Q: I filed chapter 7 in DEC. 2009. I did the paperwork myself out of necessity believe me. I need to ... A: The bank doesn't have to reaffirm a debt for any specific amount. This is a very complicated area ... | |
| BK 7 in 98 and again in 05 | 1/9/2010 |
| Q: In June 1998, I filed a BK7 and filed my student loans. My daughter was dx with Cancer and i was ... A: Yes, you could file a Chapter 13 now assuming you qualify under the debt and income limits, but if ... | |
| BK 7 in 98 and again in 05 | 1/9/2010 |
| Q: In June 1998, I filed a BK7 and filed my student loans. My daughter was dx with Cancer and i was ... A: No, you're not starting over. This has nothing to do with the discharge you've already obtained and ... | |
| BK 7 in 98 and again in 05 | 1/9/2010 |
| Q: In June 1998, I filed a BK7 and filed my student loans. My daughter was dx with Cancer and i was ... A: The student loans would only have been discharged in your 1998 chapter 7 case if they had been in ... | |
| bankruptcy and divorce. | 1/7/2010 |
| Q: I have been divorced from my ex-husband since October 2007. Since that time he has had two separate ... A: The issue isn't whether he is on the mortgage, the issue is whether he is on title. If he is on ... | |
| Means test bottom line | 1/6/2010 |
| Q: What does the means test mean in a Chapt 13? For example, after completing the means test for Chapt ... A: First of all, technically there is no means test in a Ch. 13. I assume you are referring to Form ... | |
| Reaffirming home after chapter 7 discharge | 1/5/2010 |
| Q: My husband was laid off from his job last Sept 09 when our bankruptcy was finalized. Our home is ... A: It's never necessary to reaffirm a loan on real estate. Have the mortgage lenders foreclosed on ... | |
| Bankrupt School | 12/30/2009 |
| Q: I go to school at computertrainng.edu in Towson Maryland and they are all but bankrupt. They let all ... A: That depends on what chapter of bankruptcy they file, the value of assets available for liquidation, ... | |
| Ch 7 reaffirmation denied | 12/25/2009 |
| Q: Recently listed an auto loan in Ch7 bankruptcy that was discharged in AZ. The back contacted me ... A: I would send them a letter clearly stating that you believe the debt to be discharged and that you ... | |
| Ch 7 reaffirmation denied | 12/25/2009 |
| Q: Recently listed an auto loan in Ch7 bankruptcy that was discharged in AZ. The back contacted me ... A: Absolutely not. If you received your discharge and your reaffirmation agreement was denied, then ... | |
| Bill of Sale and Bankruptcy | 12/21/2009 |
| Q: I purchased a buisness in Aug 2006, three years later sales have been dropping ever since. The ... A: There are a lot of different issues here, and you need to consult with a bankruptcy attorney in your ... | |
| repossessed car after bankruptcy | 12/16/2009 |
| Q: My husband and I had declared Chapter 7 bankruptcy. The case was discharged this past October. We ... A: They are prevented from contacting you to collect on the debt during the bankruptcy case. Once the ... | |
| repossessed car after bankruptcy | 12/15/2009 |
| Q: My husband and I had declared Chapter 7 bankruptcy. The case was discharged this past October. We ... A: I'm sorry to hear about your frustrating situation. Repossession is a matter of state law and has ... | |
| Line of Credit at Bank | 12/11/2009 |
| Q: When you file for bankruptcy,and owe on line of credit,does the bank take savings to pay said credit ... A: When you file a bankruptcy, the automatic stay goes into effect preventing any collection actions by ... | |
| Reaffirming my mortgage. | 12/10/2009 |
| Q: i recently filled ch 7 bankruptcy, and planning on reaffirming, However , i have two mortgages via ... A: I have never found it necessary to do a reaffirmation agreement on a real estate loan. The secured ... | |
| Reaffirmation of a 1st mortage after Chapter 7 discharge | 12/3/2009 |
| Q: I have just met with the trustee today after filing a chapter 7. If my case is discharged, but I ... A: Reaffirming a mortgage is unnecessary unless there are some specifics in your state's laws that make ... | |
| Reaffirmation of a 1st mortage after Chapter 7 discharge | 12/1/2009 |
| Q: I have just met with the trustee today after filing a chapter 7. If my case is discharged, but I ... A: You need to contact your lenders and work out payment arrangements with them to prevent foreclosure. ... | |
| after meeting of creditors bankruptcy filed on my own | 12/1/2009 |
| Q: Have a home involved which I do not intend to keep..what is the procedure from here out? Will I be ... A: In California 99% of foreclosures are done nonjudicially. They commence by recordation of a Notice ... | |
| after meeting of creditors bankruptcy filed on my own | 11/30/2009 |
| Q: Have a home involved which I do not intend to keep..what is the procedure from here out? Will I be ... A: If they seek to foreclose during your bankruptcy case you will be notified of any relief from stay ... | |
| 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. ... | |
| 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, ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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, ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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) ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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. ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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. ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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. ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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"? ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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", ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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, ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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, ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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, ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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, ... | |
| 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 ... | |
| 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 ... | |
| 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. ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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, ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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. ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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, ... | |
| 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 ... | |
| 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) ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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. ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| Collection letter after discharge | 9/6/2008 |
| Q: I filed Ch. 7 and it was fully discharged in 6/08. On 9/5 I received a collection letter from one of ... A: Assuming the debt was discharged in your bankruptcy, they are violating the post discharge ... | |
| What should we do after rescission of reaffirmation agreement is filed? | 9/6/2008 |
| Q: After signing reaffirmation agreement, we realized that it wasn't feasible to keep a 2000 model ... A: I would just call and have them pick up the vehicle, or return it to a dealership. If the ... | |
| Bankruptcy | 9/5/2008 |
| Q: I live in a community property state but the debt I want in a chapter 13 is all in my name (mostly ... A: You can always file alone. The issue is whether you 1. have to include his debts and, 2. whether ... | |
| Parent as Creditor | 9/5/2008 |
| Q: I am on the verge of having to file bankruptcy. I have several rental properties that have drained ... A: You can only include the payment of that debt on the means test if you have a contractual ... | |
| Old bankruptcy law | 9/3/2008 |
| Q: How can I get credit reporting agencies to honor my bankruptcy of August 2000 that was over in ... A: OK, now I understand. This is not a bankruptcy law issue. President Clinton signed into law (I ... | |
| Chap 7 Bankruptcy & surrendering my home | 8/31/2008 |
| Q: I live in LV, NV. I am going to file for Chap 7 bankruptcy next week because I can't handle my ... A: I'm sorry to hear about your situation. Sounds like bankruptcy is a viable option for you. As far ... | |
| Lienholder doesnt want vehicle after ch 7 | 8/31/2008 |
| Q: We filed bankruptcy in June 2007 was discharged in Oct 2007 we have a truck that was used for a loan ... A: There is no easy answer to this question. The best thing to have done would have been to do a ... | |
| Girlfriend Filing | 8/25/2008 |
| Q: I have a live-in girlfriend. She is not on the lease, we have no joint obligations. She is filing ... A: Her filing bankruptcy or being delinquent on her credit card debts should not affect you at all ... | |
| Ch 13 Dismissal | 8/25/2008 |
| Q: As part of our divorce agreement my ex would be responsible for making the ch 13 payments. He was ... A: If you live in a community debt state and the debt was incurred during your marriage, then you ... | |
| BANKRUPTCY | 8/21/2008 |
| Q: if I file bankruptcy in two weeks and I have only used my credit card for about $100 over the past 3 ... A: I cannot tell you what an individual creditor will or won't do. If a creditor can prove that you ... | |
| 2nd Mortgage & chapter 7 | 8/21/2008 |
| Q: Our 2nd mortgage was not reaffirmed in chapter 7 BK. Chase sold loan to debt collector who placed ... A: You're not throwing your money away, unless you don't want to keep your house. As long as you are ... | |
| Reaffirming Old Debt After Chapt. 7 | 8/20/2008 |
| Q: My bankruptcy was finalized sometime around 06/2007. I'm having a very hard time reestablishing ... A: You cannot reaffirm the existing debt unless you enter into a reaffirmation agreement and have it ... | |
| chapt 13 | 8/19/2008 |
| Q: My attorney through some miscommunication did not explain that under the new law I could not get a ... A: If you dismiss it, it will be a voluntary dismissal. There probably will not be a 180-day bar on ... | |
| amendment to ch 7 | 8/19/2008 |
| Q: i recently filed ch 7 bankruptcy but it still has not closed due to a reaffirmation contract that ... A: I'm not sure I understand your question or facts. You are required to list all assets and all ... | |
| Chapter 13 Dismissal | 8/18/2008 |
| Q: I missed 2 payments in my 13, but am going to make a double payment in September. Will the trustee ... A: I have no idea what the policy of the Trustees and Judges in your jurisdiction are, but in most ... | |
| chapter 7 | 8/17/2008 |
| Q: I filed chapter 7 and went to the hearing about two weeks ago. My home and care are protected and I ... A: You can hire a new attorney at any time. I don't know what else to tell you. I cannot handle the ... | |
| BANKRUPTCY | 8/15/2008 |
| Q: Last week I sent my papers to a lawyer and was told that I do not qualify for ch. 7 because me and ... A: That's an impossible question to answer without having all the relevant data. There are two tests ... | |
| bankruptcy and lawsuit | 8/15/2008 |
| Q: my husband and i will soon by filling bankruptcy. my question is slightly long. we met with our ... A: It is unusual that they file lawsuits that quickly. I can't promise you anything one way or ... | |
| bankruptcy | 8/13/2008 |
| Q: If a chapter 7 bankruptcy is not discharged,can a lien be placed on a home that is "in trust" for ... A: That depends on the laws of whatever state created the trust and in which title is held on the ... | |
| 2nd part | 8/13/2008 |
| Q: My mothers elderly mom lived with her and now moved with her other daughter in Ohio,she had a money ... A: No, if your mother files a bankruptcy case, the automatic stay will prevent any lawsuits from ... | |
| old debts | 8/10/2008 |
| Q: can i claim bankruptcy for 10 year old jugement and only for this;my credit is very good now and i ... A: I'm not sure I completely understand your question, but if you file a bankruptcy case, you must list ... | |
| Is a so-signer affected on a motorcycle? | 8/6/2008 |
| Q: I'm considering chapter 7 and I'm worried that a motorcycle I bought last year with a co-signer will ... A: The co-signer is obligated on the debt regardless of whether or not you file bankruptcy. If the ... | |
| Sba loan | 8/6/2008 |
| Q: I am a CA resident with a Idaho S corp that has no debts except a SBA loan personally guaranteed by ... A: You can discharge the debt you personally guaranteed by filing a personal bankruptcy. The ... | |
| bankruptcy discharged | 8/5/2008 |
| Q: my bankruptcy in michigan was discharged in June 2008. Our creditor meeting was in April 2008. We ... A: I don't have enough facts to answer that question. Was this business a dba of yours, or was it a ... | |
| bankruptcy discharged | 8/5/2008 |
| Q: my bankruptcy in michigan was discharged in June 2008. Our creditor meeting was in April 2008. We ... A: If the phone company was listed as a creditor on your bankruptcy papers and you received a ... | |
| university debt | 8/4/2008 |
| Q: Last year I accumulated debt with a state university on the basis of recieving financial aid and ... A: No, but sounds like you have a decent chance of discharging the debt in a bankruptcy, but they might ... | |
| bankruptcy | 8/3/2008 |
| Q: I have a friend who is about to file bankruptcy. I am planning on either loaning her $6000 to get a ... A: The answer depends on a number of factors, most importantly the applicable state exemptions laws ... | |
| university debt | 8/2/2008 |
| Q: Last year I accumulated debt with a state university on the basis of recieving financial aid and ... A: It's not clear from your facts what the answer would be. If the funds you received were for an ... | |
| liens | 7/28/2008 |
| Q: I recently filed chapter 7 earlier this year and was discharged a couple of months ago. I just found ... A: Yes, assuming that the lien is avoidable (removable) you need to seek to reopen your bankruptcy case ... | |
| Business Bankruptcy | 7/27/2008 |
| Q: If one owns a resturant and has not paid in the federal withholding taxes on his employees for ... A: Yes, the trust fund portion of the employee payroll taxes will be assessed to the responsible ... | |
| Student Loan | 7/26/2008 |
| Q: I live in Kentucky, my husband is planning to file chapter 13. I am currently attending college. I ... A: probably not, but it depends on whether you receive the student loan before or after the bankruptcy ... | |
| Chapter 7 debts and exemptions | 7/25/2008 |
| Q: I am planning on filing for a Chapter 7 bankruptcy soon in California, but I wanted to know a couple ... A: 1. Exemption analysis is very involved and I cannot tell you with certainty what assets you will or ... | |
| chapter 13 dismissal | 7/24/2008 |
| Q: If the trustee sent notice to an incorrect address, and I never received it what can i do if my case ... A: You're asking me questions I cannot answer. I don't know if your attorney filed the change of ... | |
| chapter 13 dismissal | 7/23/2008 |
| Q: If the trustee sent notice to an incorrect address, and I never received it what can i do if my case ... A: If the case was dismissed without a bar to refiling, then you should be able to just file a new ... | |
| Trustee Low balling the price in selling my home | 7/20/2008 |
| Q: I was in Chapter 13 loss my job after four months I got another job since i was not able to pay on ... A: I'm not completely sure what you're asking, but the Trustee can sell the property for whatever price ... | |
| follow up to previous quesiton/answer posted | 7/19/2008 |
| Q: When a loan for a motorcycle is discharged through a BK, but the lien survives, how can the lien be ... A: I totally understand your issue, but unfortunately I don't have a better answer than what I gave ... | |
| follow up to previous quesiton/answer posted | 7/19/2008 |
| Q: When a loan for a motorcycle is discharged through a BK, but the lien survives, how can the lien be ... A: The best suggestion I've had on this is to do a Motion to Redeem the motorcycle for $1.00 in the ... | |
| Trustee Taking Possession | 7/17/2008 |
| Q: I filed Chapter 7 bankruptcy, and just attended my meeting of the creditors today. Come to find out, ... A: There's not much you can do except either convert your case to a Chapter 13 and do some sort of ... | |
| File bankruptcy for just me | 7/16/2008 |
| Q: I am married. I am thinking I want to claim bankruptcy on all my debts from before we were married. ... A: Yes, you can. Whether it is advisable or not and how, if any, it would affect your spouse and his ... | |
| Old Bankruptcy | 7/15/2008 |
| Q: My husband and I have been receiving calls for collection on a old federal student loan, which was ... A: In 1991 I believe (although I'm not 100% sure off the top of my head) that in order to be ... | |
| Fraud or Legit BK Planning? | 7/15/2008 |
| Q: We are hoping to file Ch 7 in a week or two, and had a question about a car we purchased in March of ... A: I can't promise you what an individual trustee will or won't do in your jurisdiction, but in ... | |
| Chapter 13 Dismissal (Not notified) | 7/14/2008 |
| Q: I am wondering if the Trusttee is suppose to notify the debtors of the motion to dismiss PRIOR to ... A: Yes, you absolutely should have received notice with an opportunity to respond. In our district ... | |
| Cosigners and reaffirmed loans | 7/13/2008 |
| Q: We are filing chapter 7 and have a car loan that my parents co-signed on; we are planning to ... A: If you are reaffirming the loan I don't see any reason why it would affect your parent's credit. ... | |
| Filing BK for a 2nd time/other questions | 7/12/2008 |
| Q: I filed under old law chapter 7 in 2003. Sadly, I am in serious financial hardship, and am ... A: You cannot file another Chapter 7 until 2011. You may be able to file a Chapter 13 now. There's no ... | |
| Joint Account | 7/12/2008 |
| Q: My question for you is that if I am going to file for bankruptcy and the accounts that are joint ... A: If you file the bankruptcy case individually without your wife, the bankruptcy itself should not ... | |
| bankruptcy | 7/10/2008 |
| Q: If personal bankruptcy is filled for, will a subchapter S with assets be protected? Or will the ... A: It's the ownership interest that's an asset of the personal bankruptcy estate, so the answer depends ... | |
| business bankruptcy | 7/10/2008 |
| Q: I own a full service car wash in Ohio. I have been struggling for several years. I am a S ... A: For information on business chapter 7 cases and their benefits, see ... | |
| chapter 7 bankrukptcy and mortgage | 7/7/2008 |
| Q: We are in Florida. 9/04 foreclosure-6/05 modification agreement, 10/05 chapter 7 filed, discharged ... A: No, it's not a reaffirmation agreement if it was entered into prior to filing your bankruptcy case. ... | |
| Bankruptcy pre 2005 changes regarding private student loans | 7/7/2008 |
| Q: My husband filed bankruptcy in July 2005 and was discharged in November 2005. We thought the Sallie ... A: There is no "exact law" that will provide you the answer. It depends on the following: For cases ... | |
| bankruptcy | 7/4/2008 |
| Q: I'm considering bankruptcy. I have an occupied rental row house in Baltimore, md. If either I give ... A: Your rights and duties as a landlord are governed by the laws of Maryland, not bankruptcy law. ... | |
| Dismissing Chapt.13 | 7/4/2008 |
| Q: I decided to do a voluntary dismissal of my bankruptcy and was advised by counsel to just let the ... A: First of all, I don't necessarily agree with the advice to let the Trustee file a motion to dismiss. ... | |
| Bankruptcy and Severence Pay | 7/3/2008 |
| Q: we filed for bankruptcy in the beginning of June. It is now July. We received a severance payment ... A: That is a great question. I guess the first question I'd ask is, how much was it, and did you have ... | |
| Education Expense | 7/2/2008 |
| Q: On the means test, I am planning on using the Education Expense for $137.50(line 38). My son ... A: I've never had a client need to prove it up, but you need to provide documentation showing the ... | |
| Small deposits | 7/2/2008 |
| Q: We are above-median in MA, looking to discharge $100k+ so I am assuming our UST will take an ... A: Yes, if received in the 6 calendar months prior to filing, those are all includable in the current ... | |
| lump sum after chapter 7 discharge | 7/1/2008 |
| Q: Shortly after my discharge (Northern NY)I received 40,000 as beneficiary of my husband's life ... A: There is no set time period for the Trustee to administer the estate. And, even if you only owed ... | |
| Automatic Stay | 6/28/2008 |
| Q: My wife and myself filed Chapter 7 Sept 05 and discharged Dec 05. A Credit Union we had a credit ... A: That I'm not sure of. They can report it if it's accurate, and until you got your discharge, those ... | |
| Automatic Stay | 6/28/2008 |
| Q: My wife and myself filed Chapter 7 Sept 05 and discharged Dec 05. A Credit Union we had a credit ... A: That depends on the terms of the settlement or whether there was a reaffirmation agreement entered ... | |
| Did not reaffirm on mortgage | 6/26/2008 |
| Q: I filed bankruptcy in 3/07 and discharged in 6/08. I've from KY to TX and still paying the mortgage ... A: Yes, if you don't make the payments, I assume they would foreclose. The foreclosure may show up on ... | |
| Can you be sued while in an active Chapter 13? | 6/25/2008 |
| Q: Mr. Markus, Thank you in advance for reading my question. I live in California and my husband and I ... A: You seem upset at my answer. For that I apologize. Anything you owe to someone is a debt. If you ... | |
| Can you be sued while in an active Chapter 13? | 6/25/2008 |
| Q: Mr. Markus, Thank you in advance for reading my question. I live in California and my husband and I ... A: Yes, this is true. The debt you owe to the bank is a post petition debt in your chapter 13 ... | |
| Chase Legal Department | 6/24/2008 |
| Q: I was discharged from Chapter 7 on 12/24/07. My bankruptcy was for only unsecured debt (credit ... A: I'm not sure what you mean by "recall", but Chase cannot foreclose on your property unless you are ... | |
| BANKRUPTCY | 6/23/2008 |
| Q: I'm married to a wife that has 3 jobs and works about 75 hours a week and we have one child. I live ... A: It depends on whether Maryland is a community property state or not. I'm guessing by your wife's ... | |
| bankruptcy | 6/9/2008 |
| Q: In either 7 or 13 would they allow me to keep a rental house that is earning negative ... A: Yes, but you probably would not be allowed to use the negative income to show a lower monthly budget ... | |
| Bankrupt Potential Landlord | 6/7/2008 |
| Q: I am debating whether to rent from a real state builder who has recently filled for bankruptcy for ... A: There's probably no problem renting from him. The same laws and rights apply to you as before he ... | |
| Chapter 7 | 6/2/2008 |
| Q: My soon-to-be ex-husband filed a Chapter 13 in 2003(dismissed) and then converted to Chapter 7 in ... A: OK, there are several unclear items from your facts. First of all, if you did not file a prior ... | |
| bankruptcy | 5/29/2008 |
| Q: Does chapter 13 allow the person to save money each month after paying the agreed on amount? Also, ... A: 1. Generally, no, unless you are paying 100%. Although you can set aside funds for emergency ... | |
| Means Test - Line 25 | 5/28/2008 |
| Q: We are above-median, and from what I understand, you are supposed to enter your actual taxes ... A: This is a great question, and I wish I could give you a definite answer, but I can't. The answer ... | |
| Renting and Owner has filed Bankruptcy | 5/27/2008 |
| Q: Two months ago my family and I began renting a home in CA on a month to month basis and paid one ... A: It depends in part on what chapter of bankruptcy was filed. In the absence of contrary ... | |
| bankruptcy | 5/22/2008 |
| Q: I heard on the news a woman filed for bankruptcy and then she failed to pay a $300 payment to a ... A: I obviously can't answer the first question without a lot more information. As to your second, it ... | |
| Payment made after bankruptcy discharge | 5/13/2008 |
| Q: The bankruptcy discharge was granted in 2003 which included a debit from a utility company from ... A: I highly doubt it. You made a voluntary payment on a discharged debt. You can call them and ask ... | |
| Lawsuit Settlemet during Ch 7 Bankruptcy | 5/10/2008 |
| Q: I will soon need to file a Ch 7 bankruptcy but would like to know the following. There is currently ... A: Whatever interest you have in the rights to proceeds would be an asset of your bankruptcy. Whether ... | |
| Self-Employment and Means Test | 5/9/2008 |
| Q: A small part of my income (about $6k) comes from a part-time job, for which I am an independent ... A: Well, I doubt the Trustee will make a stink about it, but you are required to list all income ... | |
| Bankruptcy | 5/8/2008 |
| Q: Received discharge 1/06. Live in mobile park. Rent raised above rent control but in line with former ... A: I'm not sure I understand your question. If the lease existed when you filed your bankruptcy and ... | |
| A creditor of someone who filed chapter 7 | 4/28/2008 |
| Q: I won a small claims court judgement against an individual. Two months later he filed for chapter 7 ... A: It is most likely dichargeable, but depends on what the basis of the debt was and whether it was ... | |
| bankruptcy | 4/8/2008 |
| Q: i had to refile my bankruptcy, last 2 times was because of loss of job and then divorce,this time I ... A: If the court issued a bar on refiling in the prior dismissal order, then you have to wait until that ... | |
| Chapter 7 | 4/1/2008 |
| Q: I am in the process of getting a loan and trying to consolidate my bills. Due to a separation from ... A: It's doubtful. If your creditor(s) can prove that at the time the loan was made you did not intend, ... | |
| Inheritance | 3/31/2008 |
| Q: I am considering filing bankruptcy and have just found out I was named as second beneficiary ... A: Whatever you are entitled to receive under the inheritance is property of the bankruptcy estate and ... | |
| Chapter 7 reaffirmation of car | 3/22/2008 |
| Q: In 2003 I filed a Chapter 7 bankruptcy pro se in the state of Colorado. I had indicated I wanted to ... A: If you received a discharge and did not do a reaffirmation agreement, then if they are trying to ... | |
| Reaffirming a mortgage | 3/20/2008 |
| Q: I live in MA and have been advised not to reaffirm my two mortgages or cars. If I chose not to ... A: Yes, that is my understanding, with respect to debts secured by real property. On the vehicles, I ... | |
| credit cards before chapter 7 | 3/17/2008 |
| Q: my son is beginning to think about filing for bankruptcy. He has a lot of debt that he obtained from ... A: the longer he waits before filing his case, the less likely it is that the banks will object to the ... | |
| No Reaffirmation/Foreclosure | 3/15/2008 |
| Q: We filed our bankruptcy pro se in Colorado and did not complete a reaffirmation to keep our house ... A: If you did not do a reaffirmation agreement, then you owe no further obligations to the lenders. If ... | |
| Judgment/Lien After discharge | 3/14/2008 |
| Q: I know, wrong move, but I filed chapter 7 pro se on March 29, 2007 and received a discharge in july ... A: I do not practice in state court, so this is not my area of expertise. It doesn't sound to me like ... | |
| Judgment/Lien After discharge | 3/14/2008 |
| Q: I know, wrong move, but I filed chapter 7 pro se on March 29, 2007 and received a discharge in july ... A: First of all, you don't seem to understand the difference between a judgment and a lien. A judgment ... | |
| Reaffirmation | 3/5/2008 |
| Q: If the bank is giving me the opportunity to reaffirm my car loan but the trustee is still requesting ... A: Again, whether you reaffirm the debt on the vehicle has absolutely nothing to do with the Trustee ... | |
| chapter 13 income | 3/4/2008 |
| Q: I have been living on money made from overtime for some time now and that has come to an end. No ... A: It will be counted on the calculation of your disposable income on the means test, but not on your ... | |
| ID at meeting of creditors | 2/15/2008 |
| Q: I have a meeting of creditors coming up and I the ditzy lawyer that is handling my case just told me ... A: Passport and drivers licenses don't have your SSN on it. Usually they will accept something ... | |
| chpter 13 and tax refund | 2/7/2008 |
| Q: we filed chapter 13 5 months ago, it is a 5 year plan. When we get our tax refund we were told that ... A: It depends on what the order confirming your plan states, as well as what the rules are in your ... | |
| Lien against me | 2/6/2008 |
| Q: Today ( 2/5/08) I reicieved a letter telling me a judgement was granted against me for 125,000.00 ... A: Yes you can. Whether or not the debt would be dischargeable in the bankruptcy is another question ... | |
| Bankruptcy Chapter 7 | 1/31/2008 |
| Q: I moved in with my boyfriend and recently switched to a job which pays allot less than I used to get ... A: The checking account is an asset which must be listed as such on the bankruptcy. Depending on what ... | |
| Home Foreclosure Notice | 1/30/2008 |
| Q: I filed chapter 7 bankrupcty recently due to overwhelming credit card debt. I did not include my ... A: Foreclosure laws vary by State, but if you don't pay your mortgages, obviously they can foreclose. ... | |
| Winnings after Bankruptcy | 1/29/2008 |
| Q: This is a strange question, BUT, I am from Los Angeles and am in the casting pool of several Network ... A: As long as you had no rights or entitlement to the winnings on the date you filed your bankruptcy ... | |
| Bankruptcy & Tax Returns | 1/28/2008 |
| Q: I was wondering, my husband and I filed bankruptcy on 5-07 but we are expecting a tax return; will ... A: I assume you mean a tax refund. Whether you can keep that or not depends on the exemptions you have ... | |
| Chap 7 rescinding | 1/26/2008 |
| Q: After meeting with the trustee I was told he would take my income tax refund nearly half the $ I was ... A: You can file a motion to dismiss your case, but these are rarely granted in Chapter 7 cases. The ... | |
| chapter 7 ? | 1/21/2008 |
| Q: I am looking to file a chapter 7 BK on my own. I have not filed tax returns for the last 3 years. ... A: You should have your returns filed, but in my opinion, it is not required. You are required to ... | |
| Family Gifts of Money | 1/14/2008 |
| Q: I would like to give money to a relative monthly to help them out. They are about to file a BK in ... A: I don't know what you mean by "involved". If you give a gift to them, they will need to disclose ... | |
| Liens after Bankruptcy. | 1/14/2008 |
| Q: In Aug. 2005 I filed Ch. 7 with no hassle it was discharged and closed Dec 05. On my BK I listed a ... A: They have to release the lien if it is paid off. They are refusing to release the lien if you sell ... | |
| Chapter 13 and Rent Payment | 1/11/2008 |
| Q: I am in Utah. I would like to ask if it is correct for my tenant to claim she is covered by a ... A: It's always safest to get relief from the automatic stay to do anything. Worst case scenario is the ... | |
| 1988 Bankruptcy | 1/10/2008 |
| Q: I Filed Bankruptcy in 1988. there was a student loan for 8,000.00 that was listed. I have gone ... A: Well, this all depends on whether or not the student loans were discharged in your prior bankruptcy ... | |
| chapter 13 | 12/31/2007 |
| Q: Two question's. 1st. My husband and I have filed chapter 13 and we go to court on Jan 29, 08. We ... A: 1. That depends on the rules of your jurisdiction, but usually tax refunds must be included in your ... | |
| Bankruptcy on a foreclosure | 12/27/2007 |
| Q: We have a piece of vacant land that we foreclosed upon through foreclosure proceedings that was ... A: That depends on about 100 different factors. You need to consult with a bankruptcy attorney located ... | |
| Bankruptcy and leins | 12/27/2007 |
| Q: Mr. Markus, Heres the cliff note version of what happened and what I want to do. I was hit by a car ... A: Yes, they can discharge the debt in a bankruptcy, unless it was incurred while driving while ... | |
| Income increase during BK7? | 12/26/2007 |
| Q: I just filed a (non-consumer debt) Chapter 7 BK in Indiana. I've been at my current job for a year ... A: Well, that really depends on a number of factors, including the Trustee in your case and how the ... | |
| Dismissal of lien in bankruptcy | 12/21/2007 |
| Q: I intend to file a lawsuit regarding a personal injury case because they were apparently ... A: That's not just a yes or no answer. If the lien, when recorded, impairs an exemption to which they ... | |
| state tax lien filed after bankruptcy filed | 12/19/2007 |
| Q: My parents filed a personal Chap 11 in 1991 and then the state of Ohio filed a tax lien on their ... A: What I have found out so far is that the answer depends on Ohio law, of which I have no knowledge. ... | |
| SBA loans | 12/17/2007 |
| Q: I recently found out that two of my business loans are SBA loans. They are guarenteed at 50%. Are ... A: The fact that the SBA loan is insured has no effect at all on your, or your LLC's, respective ... | |
| SBA loans | 12/17/2007 |
| Q: I recently found out that two of my business loans are SBA loans. They are guarenteed at 50%. Are ... A: I still don't understand what you're saying. Your SBA loans are guaranteed by the SBA? What does ... | |
| Bankruptcy in New Jersey | 12/16/2007 |
| Q: How long does one have to wait before they can file bankruptcy a second time in the state of N.J. ... A: OK, you can file another bankruptcy at any time, but if you want to receive a discharge of debts, ... | |
| unconfirmed chapter 13 refund | 12/14/2007 |
| Q: The trustee mailed a refund check made payable to me for over $1300.00 due to an unconfirmed chapter ... A: Again, whether they can do this depends on the retainer agreement you signed with them as well as ... | |
| Amendment Questions | 12/14/2007 |
| Q: I filed bankruptcy with a do it yourself kit online, thus no attorney representation. I went before ... A: If you don't use an attorney, you risk having problems. Bankruptcy is a very complicated, ... | |
| Amendment Questions | 12/14/2007 |
| Q: I filed bankruptcy with a do it yourself kit online, thus no attorney representation. I went before ... A: Without a doubt you should hire an attorney immediately. There are way more issues here than merely ... | |
| unconfirmed chapter 13 refund | 12/13/2007 |
| Q: The trustee mailed a refund check made payable to me for over $1300.00 due to an unconfirmed chapter ... A: If you're asking whether your attorney can require you to sign over a check made payable to you, ... | |
| Bankruptcy and Direct debt to Columbia University | 12/11/2007 |
| Q: I owe Columbia University money for tuition from back in 2002--I was not given any financial aid and ... A: Seems like the consensus I'm getting is that MOST bankruptcy courts will find that the withholding ... | |
| Bankruptcy and Direct debt to Columbia University | 12/11/2007 |
| Q: I owe Columbia University money for tuition from back in 2002--I was not given any financial aid and ... A: It has been a long time since I have researched this issue, but I do believe that if you file ... | |
| mortgage included in BK, are we still obligated to pay ? | 12/11/2007 |
| Q: My husband and I filed Bankruptcy Chpt 7 in Oct 2006. It was discharged in Jan 2007. Our 1st and ... A: Sorry, I don't know any tax attorneys in that area. Dischargeable debts are all debts not of the ... | |
| mortgage included in BK, are we still obligated to pay ? | 12/10/2007 |
| Q: My husband and I filed Bankruptcy Chpt 7 in Oct 2006. It was discharged in Jan 2007. Our 1st and ... A: The debt probably was discharged, but that doesn't extinguish the lien rights the mortgage company ... | |
| BK & how long stay in home & judgment | 12/10/2007 |
| Q: We are thinking of filing BK, in Calif. We have been using credit cards for the past 3months to make ... A: OK...this is a very complicated set of questions. I will do my best to give you a brief response, ... | |
| Bankruptcy and Commercial Mortgage | 12/7/2007 |
| Q: I hold a mortgage on a parcel of vacant land, which I sold to the buyers. The Buyers, an LLC, is ... A: You're right, that doesn't seem correct. If you hold a valid lien against the property, then you ... | |
| Bankruptcy chapter 7 lein vehicle | 12/7/2007 |
| Q: I am about to file bankruptcy but my husband doesn't want his truck taken away, if we file ... A: Whether you can keep the vehicle depends on how much equity it has, what exemptions you have ... | |
| divorce and chapter 13 | 12/7/2007 |
| Q: my divorce was final dec. 2005. In my divorced settlement I was to recieve 1250.00, 750 for attorney ... A: It depends whether the $1250 was in the nature of support/alimony or whether it was part of the ... | |
| Chapter 7 or withdraw | 12/5/2007 |
| Q: My wife and I filed a Chapter 13 in September 2004. The plan was confirmed in December 2007 and ... A: Yes, you can either dismiss your case or convert to Chapter 7. As to which would be best, that's ... | |
| secured loan | 12/5/2007 |
| Q: I just completed 341 meeting in Atl Ga for chapter 7. The car I used for collateral on my loan is ... A: I'm not sure what you mean by exempt. Being exempt has nothing to do with reaffirming. If you have ... | |
| secured loan | 12/4/2007 |
| Q: I just completed 341 meeting in Atl Ga for chapter 7. The car I used for collateral on my loan is ... A: It depends on who the secured creditor is and what position the courts in your jurisdiction take on ... | |
| Severance pay owed in Bankruptcy | 12/4/2007 |
| Q: I have a contract for severance and an equity position in a company that let me go in July with 3 ... A: You can't force him to give you a lien, but if he does so voluntarily, that would be OK. However, ... | |
| Bankruptcy and repossession | 12/3/2007 |
| Q: I and my husband filed bankruptcy just before the laws had changed (Minnesota). we included our ... A: Presumably Toyota had a lien against your vehicle so if you did not pay them per the terms of your ... | |
| Builder and Bankruptcy | 11/29/2007 |
| Q: We hired a builder in the summer of 2006. In December of 2006, he began bankruptcy proceedings ... A: I am in California, so I don't know exactly what the case law down in Georgia is, but if it was a ... | |
| Builder and Bankruptcy | 11/29/2007 |
| Q: We hired a builder in the summer of 2006. In December of 2006, he began bankruptcy proceedings ... A: You don't give enough information for me to answer, but I will make some assumptions. Assuming he ... | |
| means test on non consumer debt | 11/15/2007 |
| Q: We had planned on filing a chp 13 to soley get rid of 2 condos. We plan on paying everything else at ... A: Actually, I may have been incorrect in what I said before. You may still qualify for a Chapter 7 ... | |
| means test on non consumer debt | 11/15/2007 |
| Q: We had planned on filing a chp 13 to soley get rid of 2 condos. We plan on paying everything else at ... A: You are correct about the means test not applying under your facts. However, in most jurisdictions, ... | |
| unconfirmed chapter 13 | 11/10/2007 |
| Q: I filed chapter 13, but it was never confirmed. My debt was only my home and I was able to discharge ... A: as long as the credit report is accurate, it's ok. If they are reporting that you filed a ... | |
| bankruptcy fraud | 11/9/2007 |
| Q: Again, I apologize. The question I want to ask is can I file a claim with the bankruptcy court for ... A: I understand. Unless he filed a Ch. 13 case, he cannot discharge the obligations he owes you from ... | |
| bankruptcy fraud | 11/9/2007 |
| Q: Again, I apologize. The question I want to ask is can I file a claim with the bankruptcy court for ... A: Well, if you have actual evidence of fraud, you can contact the Trustee in his case and provide the ... | |
| bankruptcy of investment co | 11/3/2007 |
| Q: If I hold a 1st deed of trust on a piece of property and the investment company bankrupts what ... A: Well, you haven't answered the equity question, but as long as you are fully secured, nothing will ... | |
| chapter 7 | 10/31/2007 |
| Q: My husband and I filed a chapter 13 in 7/02 and completed in 6/04 @ 100%. We live in TN. can we now ... A: Actually, I just noticed that you said you paid 100% of the unsecured claims in your Chapter 13 ... | |
| Bankruptcy or Not? | 10/29/2007 |
| Q: If I file business bankruptcy, does it affect me personally? I know that if I signed a personal ... A: Whether you are liable on a debt or not is a matter of State contract law, not bankruptcy law. I ... | |
| Bankruptcy or Not? | 10/29/2007 |
| Q: If I file business bankruptcy, does it affect me personally? I know that if I signed a personal ... A: If you mean filing bankruptcy for a corporation, no it doesn't affect your personal liability in any ... | |
| chapter 7 car loan | 10/28/2007 |
| Q: Me and my husband are planning on filing chapter 7 bankruptcy. We currently have 2 cars both with ... A: The best way is to hire an attorney who can properly advise you. It doesn't matter when you ... | |
| bankruptcy | 10/27/2007 |
| Q: I filed for bankruptcy in 91' and have received a call from a creditor wanting payment. This ... A: If you received a discharge in your bankruptcy case, the creditor is in violation of the post ... | |
| Tenant rights when Landlord files bankruptcy | 10/23/2007 |
| Q: My girlfriend and I signed a year lease in August, 2007 to rent a single family house in Sacramento, ... A: You really need to consult with a landlord/tenant attorney on this, but as far as the bankruptcy ... | |
| Credit Card Timeline | 10/19/2007 |
| Q: I tried the credit consulting first, but family/friends suggested I speak to a lawyer. I went ... A: there is a presumption that any consumer debts totalling over $500 incurred within 90 days prior to ... | |
| chapter 7 | 10/15/2007 |
| Q: I filed bankruptcy in 1999, it was discharged in feb 2002. I can file for chapter 7 but it just ... A: If you want to be able to discharge your debts, you have to wait until 8 years have passed since you ... | |
| Bankruptcy and Judgment | 10/11/2007 |
| Q: I received a judgment from my Association Co. issued on Oct 9th. My apartment is going to ... A: No, they cannot enter a judgment after your case is filed. You need to have your attorney file a ... | |
| bankruptcy, forclosure, taxes | 10/6/2007 |
| Q: I find myself in the situation of having to claim bankruptcy. I am also going to give up my house.I ... A: As I stated before, if you file the bankruptcy before the foreclosure, there will be no income to ... | |
| bankruptcy, forclosure, taxes | 10/6/2007 |
| Q: I find myself in the situation of having to claim bankruptcy. I am also going to give up my house.I ... A: Congress is actually debating a new law right now that would make forgiveness of mortgage debt ... | |
| Judgement | 10/1/2007 |
| Q: I'm hoping you can help. I was awarded a judgement. It had to do with a breech in contract on real ... A: I'm not sure what your issues are. Are you saying that if you'd gotten a notice of the bankruptcy ... | |
| CHAPTER 7 AND MY MORTGAGE | 9/30/2007 |
| Q: Stanislaus County, Modesto, CA. I am currently employed in the mortgage business and have not made ... A: possibly in a Chapter 13 case. You need to check with an attorney in your area to see what the ... | |
| Bankruptcies in the Corporate World | 9/19/2007 |
| Q: We are a small company that makes aircraft parts. We made some parts for a company called AIRBASE ... A: I'm assuming if they "re-opened" that this was a Chapter 11 reorganization case, and not a Chapter ... | |
| personal bankruptcy and LLC. | 9/14/2007 |
| Q: My house got foreclosed and I have 2nd mortgage loan debt and other credit card debts and I have a ... A: Your interest in the LLC is an asset of your bankruptcy estate. Depending on what your interest is ... | |
| Unsellable Investment Property | 9/13/2007 |
| Q: My husband is in mortgage business and has gone back to old job 3/4 time to bring in some income as ... A: Probably, yes, but there is no way to answer your question without having a comprehensive ... | |
| reaffiming | 9/12/2007 |
| Q: how do you save your home while trying to reaffirm the agreement, but your income barely covers ... A: Unless Virginia has some laws of which I'm unaware, a mortgage does not need to be reaffirmed. You ... | |
| reaffiming | 9/12/2007 |
| Q: how do you save your home while trying to reaffirm the agreement, but your income barely covers ... A: I'm not sure I understand your questions or facts. Whether you can keep your home depends on a ... | |
| Collection Agency reporting outside bankruptcy | 9/11/2007 |
| Q: A collection agency was filed on my bankruptcy. They did not report their claim to the court by the ... A: It depends on what chapter you filed, whether you received a discharge of debts, and where your case ... | |
| Bankruptcy dismissal | 9/10/2007 |
| Q: My lawyer will not help me get my payments to the trustee down, and I have fallen behind in ... A: If you cannot make the payments that are necessary to comply with your plan, or modify them, then ... | |
| Bankruptcy Question | 9/10/2007 |
| Q: I was wondering if you had a moment to help me. Yesterday my dad and I went to a car dealership to ... A: Whether he can "qualify" for bankruptcy I will leave up to his bankruptcy attorney. That is far too ... | |
| New Bankruptcy laws in Calif. | 9/5/2007 |
| Q: I was wondering if there are any new bankruptcy laws in California that make it more difficult for ... A: State exemption amounts change regularly every couple of years, usually increasing. The federal ... | |
| chapter 7 and LLC assets | 8/31/2007 |
| Q: I own a single member LLC that I used to buy equipment related to my business. I made some bad real ... A: It depends on what exemptions you have available under your State's laws. Your interest in the LLC ... | |
| Business Bankruptcy and Personal Property | 8/28/2007 |
| Q: I entered into an verbal agreement about six months ago (unfortunately not documented) with the ... A: If it is a valid contract, then the corporation can still enforce the contract. But if they're out ... | |
| Amending Bankruptcy | 8/15/2007 |
| Q: I filed Chapter 7 and it was discharged March of '06. I am getting bills from people I didn't even ... A: That depends on the laws of the jurisdiction where you filed. In most jurisdictions, if it was a ... | |
| Bankruptcy and Second Mortgages | 8/13/2007 |
| Q: My husband and I filed Chapter 7 Bankruptcy. It was discharged Sept 2005. Included in the Bankruptcy ... A: When was the agreement set up with the second? Was this a reaffirmation agreement filed with the ... | |
| Chapter 11 Employee Lay-Off | 8/3/2007 |
| Q: My 30-person CA based company recently filed Chapter 11, and laid off 15 employees: I was one of ... A: You have a priority claim up to $10,000 for wages/commissions earned within 180 days prior to the ... | |
| bk reaffirmation letter/auto | 7/29/2007 |
| Q: If my car is financed with wachovia dealer services and I have filed a chpt 7 do I have to sign a ... A: That is a very difficult question to answer. Most of the time, depending on the laws of your State, ... | |
| 2nd Mortgage Charged off, then sold | 7/23/2007 |
| Q: My second mortgage of $50,000 was charged off by Chase during my Chapter 7 bankruptcy. My first ... A: If you owed the debt on the date your bankruptcy case was filed, then the debt was presumably ... | |
| 2nd Mortgage Charged off, then sold | 7/23/2007 |
| Q: My second mortgage of $50,000 was charged off by Chase during my Chapter 7 bankruptcy. My first ... A: "charged off" is merely a bookkeeping term and has no legal relevance. Chase sold its loan to B&B. ... | |
| bankruptcy/credit report | 7/21/2007 |
| Q: If a ceditor didn't show up for the discharge hearing, can i have them removed from my credit ... A: There is no such thing as a discharge hearing in most cases. If you are referring to the Trustee's ... | |
| I've changed my mind re: BK | 7/14/2007 |
| Q: California resident. I hired a lawyer to handle my Chapter 13. I've made my first payment to the ... A: I can't answer your first question--that is something your attorney should advise you on. As to ... | |
| I've changed my mind re: BK | 7/13/2007 |
| Q: California resident. I hired a lawyer to handle my Chapter 13. I've made my first payment to the ... A: I you haven't previously dismissed or converted your case, you can usually dismiss your CHapter 13 ... | |
| bankrupcy | 7/13/2007 |
| Q: what does it mean when my trustee is goin to dismiss my case because i'm 6 months late on my ... A: Well, your question is a bit vague, but it means that you're probably in a Chapter 13 case, that you ... | |
| C-Corp and Bankruptcy | 7/12/2007 |
| Q: A friend of mine started a business in CA and hired me two months later. He offerred me half the ... A: your liability depends in part on which debts you guaranteed, and the state and non-bankruptcy ... | |
| Bankruptcy Judgement | 7/3/2007 |
| Q: About 2 years ago while living in my Florida home I declared bankruptcy and had my unsecured debt ... A: If they have liens recorded against your property, and those liens were recorded prior to your ... | |
| bankruptcy and restitution | 6/30/2007 |
| Q: i was recently awarded $5,500 restitution in criminal court to be paid in 14 monthly installments of ... A: Well, you should consult with an attorney in the location where the case was filed, but there's ... | |
| Dismissing BK 13 | 6/29/2007 |
| Q: I just started this process to protect my home(in CA). While I was in my Trustee Meeting today (341 ... A: You can voluntarily dismiss your case at any time if it wasn't previously converted from another ... | |
| release of judgment after BK | 6/26/2007 |
| Q: Why has a judgement (for a car) that was on my credit still there even though it was filed before I ... A: If you received a discharge and they are incorrectly reporting that you still owe the debt, you can ... | |
| Bankrupt Process | 6/25/2007 |
| Q: I am going to fill bankrupt to force a payment plan of back child support arrears. I talked to an ... A: It depends on what chapter you're filing under. In a CHapter 7, it likely would not stop the ... | |
| length of bankruptcy? | 6/24/2007 |
| Q: I filed for Chapter 7 in 1997, before the laws changed. I thought that it would be removed from my ... A: NO, absolutely the opposite. When the law changed in relation to your bankruptcy is utterly ... | |
| bankruptcy? | 6/23/2007 |
| Q: We have a family member that has cancer and the mortgage is too much to handle. Because of the ... A: The only way to properly assess your options is to have a comprehensive consultation with a ... | |
| Student loan debt | 6/21/2007 |
| Q: I attended the Philadelphia Art Institute from 1991-1994. The cost was approximately $15,000. I have ... A: Student loans are not dischargeable in bankruptcy unless you can prove "undue hardship" after a ... | |
| Chapter 13 bankruptcy | 6/16/2007 |
| Q: My chapter 13 bankruptcy was dismissed due to the fact that I have not received credit counseling. ... A: That 15-day period only applies if you filed the required statement with your petition that you have ... | |
| Bankruptcy and Lien on account | 6/7/2007 |
| Q: I am filing for bankruptcy but, unfortunately I have a lien on my bank account. Will the lien be ... A: If it is a valid lien, it will survive the bankruptcy case, meaning that anything the lien attached ... | |
| Relief from ex-spouses debt | 6/5/2007 |
| Q: My situation is this: My fiance and I are getting married this weekend and have found a fabulous ... A: No there isn't, except to pay the debt. This is not a bankruptcy issue. Your fiance owed the debt ... | |
| Post 341 | 5/23/2007 |
| Q: We filed Chapter 7 last month and attended the 341 meeting last week. At the 341, the trustee asked ... A: No, you file the Form 23 with the post petition financial management certificate attached. This ... | |
| Vehicle Reafirmation | 5/16/2007 |
| Q: Mark, my bankruptcy was discharged last week. My lawyer's office failed to send the re-affirmation ... A: Ahh, well, yea if it's with Ford you need to do a reaffirmation agreement....or sell it. Most ... | |
| Disposition: | 5/10/2007 |
| Q: I have a client that shows 3 BK on their credit report, two CH-13 that both "dismissed" and they are ... A: If something is inaccurate on a credit report, you need to go through the administrative process of ... | |
| Small court judgment stayed pursuant to Notice of Bankruptcy | 4/24/2007 |
| Q: I sued and won a $6700 judgment (for fraud) against someone in CA small claims court back in ... A: Well, I suppose you could file a motion to reopen the bankruptcy case to have the judge determine ... | |
| our client filed bankruptcy | 4/16/2007 |
| Q: We had a recorded deed of trust on our client's home in shasta county, ca for $6000.00. The client ... A: What Chapter was filed? When was your lien recorded in relation to the bankruptcy case being filed? ... | |
| leased vehicle California | 4/10/2007 |
| Q: Our CH 7 bk was discharged in Oct of 2005. we had a leased vehicle from a Nissan dealership in the ... A: If you did not reaffirm the debt, then they cannot collect on any deficiency, although they can ... | |
| Judgment len | 4/5/2007 |
| Q: A judgment len was filed on my house in 1992 for a debt of my sons after he had filed bankruptcy. I ... A: Well, several questions arise: 1. Why did they put a lien on your house if it was your son's debt? ... | |
| Bankruptcy and divorce decree | 3/26/2007 |
| Q: I kept the house in the divorce decree. My ex-husband was to remain in the house and was ordered to ... A: If it is a domestic support obligation, it is NOT dischargeable without any further action by you. ... | |
| Question... | 3/22/2007 |
| Q: I was discharged in May 2000. Prior to my bk, I was paying $616 a month for my vehicle and due to a ... A: I find it unlikely that you would still owe money on a vehicle that you owed money on in a ... | |
| Quit Claim | 3/8/2007 |
| Q: for the prompt answer. What if you borrow a second on the house to pay back a debt, would that ... A: If you borrow against the house, that will create a lien which will decrease the realizable equity ... | |
| discharable debt | 3/5/2007 |
| Q: my job is closing and offering severence packages if I get severance pay can the trustee take any of ... A: It depends on when the severance pay was earned. I assume you're talking about getting severance ... | |
| Discharge debt | 3/3/2007 |
| Q: I file bankrupty in Sept 2005. My debt has been discharged as of 3/26/2006. But my case is still ... A: First of all, whether an asset can be taken by the Trustee has nothing to do with when or if you ... | |
| Time for adding creditors not originally listed | 1/29/2007 |
| Q: What if there is a notice of asset case for which notice of deadline for filing proof of claim was ... A: That's an excellent question and I would have to research the case law on that to give you a ... | |
| 6000.00 extra fee | 1/29/2007 |
| Q: Markus my name is Olga and I live in Florida. My husband and I filed chapter 13 and have opted to ... A: It seems like you are asking a tax question, rather than a bankruptcy question. If you disagree ... | |
| chapter 7 | 1/27/2007 |
| Q: I am going to file chptr 7 and need to know what effect this will have on royalty payments I receive ... A: The royalties are assets of your bankruptcy estate and must be valued. Whether and to what extent ... | |
| I think my attorney made a mistake! | 1/22/2007 |
| Q: I have a question for you; I have what have turned out to be private student loans; when I went into ... A: I'm sorry, but I do not understand your question. Are you asking whether or not the student loans ... | |
| chapter 13 dismissal | 1/20/2007 |
| Q: My chapter 13 is in the process of being dismissed due to late payments. I do not have records of ... A: If your case is dismissed, you can re-file it, but the automatic stay will only exist for 30 days. ... | |
| chapter 13 payment decreased due to child support payment | 1/18/2007 |
| Q: If I went the full 5 yrs in the plan, but due to the decrease payment will mortgage company allow me ... A: I have no idea if your mortgage company will allow you to refinance. You will receive a discharge ... | |
| two houses | 1/10/2007 |
| Q: i have one house which the forclosure sale is jan 16 and i do not want to keep this property do i ... A: The answer to your first question is no, you don't need to file before the foreclosure if you're not ... | |
| reverse automatic stay hearing | 12/19/2006 |
| Q: I do not understand what you mean. Everything was correct..My plan is confirmed and I have been ... A: You stated that (I assume) your Plan reflects a payment of the entire mortgage, and not just the ... | |
| Bankruptcy | 11/27/2006 |
| Q: We didn't include it on our paperwork do we need to have the lawyer do paperwork or can we just turn ... A: I don't know what you mean by "you didn't include it in your paperwork". You are required to list ... | |
| bankruptcy laws | 11/16/2006 |
| Q: I have several questions about the time frames between bankruptcy filings. I am doing a report on ... A: The answer to all your questions, as stated, is "at any time". However, what I think you were ... | |
| 18 creditors left out?? | 11/12/2006 |
| Q: I filed a ch7 No Asset Bankruptcy in Maryland that was discharged in Feb 06. I went through an ... A: You should consult with a bankruptcy attorney in Maryland on this. In most jurisdictions, in a ... | |
| Adding a creditor, curious! | 11/11/2006 |
| Q: I have an attorney handling my no-asset Chapter 7, but I am curious as to why a non-listed creditor ... A: Your facts are a bit incomplete. In what court was this lawsuit filed? Bankruptcy or State court? ... | |
| being sued right before filing | 11/4/2006 |
| Q: This is the first time I am filing for bankruptcy ever. Infact this lwayer is on the list of ... A: I don't know what the time-frame is in New Jersey, but they certainly can't get a judgment against ... | |
| Bankruptcy with a Judgement on me | 11/3/2006 |
| Q: How and what are the next steps for filing.Two creditors have filed judgements on me one for $8,000 ... A: You need to contact an attorney in your area for a comprehensive consultation. If you live in ... | |
| Bankruptcy- should I? | 11/2/2006 |
| Q: I am considering filing for bankruptcy I have alot credit card debt & one big personal loan and I ... A: 1. Whether and to what extent it would affect your spouse depends on the laws of your State ... | |
| creditor seeking notice seeking relief | 10/23/2006 |
| Q: ------------------------------------------- The text above is a follow-up to ... how long do i have ... A: I assume you mean an Opposition. The Motion, according to you, was filed by the creditor. Time ... | |
| refiling | 10/21/2006 |
| Q: My bankruptcy was dismissed because they said I was sent notice to take a counseling course which I ... A: Yes, it should stop the repossession, but since your prior case was dismissed, the automatic stay in ... | |
| judgements placed before chapter 7 | 10/16/2006 |
| Q: There is actually two judgements, october 13, 2005 and Jan 3, 2005. He filed in Oct 2004. What ... A: If he owed on the debts before he filed his bankruptcy case, and they obtained a judgment AFTER he ... | |
| judgements placed before chapter 7 | 10/15/2006 |
| Q: My son filed chapter 7 which was discharged April 20, 2005. He and his ex wife are selling a house ... A: If the lien was recorded more than 90 days prior to the FILING of your son's chapter 7 case (it has ... | |
| Judgement prior to filing Ch 13 | 10/13/2006 |
| Q: My wife had two judgements against her in June 2003. A couple weeks later, we filed a chapter 13. ... A: If the mortgage company (more likely the Title Insurance company) is insisting on paying the ... | |
| Bankruptcy for exhusband | 10/12/2006 |
| Q: I need some questions answered and not sure where to go. My ex husband just told me he filed for ... A: First, it's important that you understand a legal distinction about who owes who here. The divorce ... | |
| chargeoff as income | 10/3/2006 |
| Q: what year do you claim charge offs in a bankruptcy as income? the year filled bk or the year ... A: if by "charge off" you mean a debt that is discharged in bankruptcy, it is not income in any year, ... | |
| So | 10/2/2006 |
| Q: Since the meeting is n't until October 5, 2006. The stay could not have been relieved? or would it ... A: relief from stay has nothing to do with your trustee's meeting. I have no idea whether the stay has ... | |
| I did | 10/2/2006 |
| Q: Istill only see the question you asked aboutwhich chapter I filled.I think there is some confusion ... A: In a chapter 7 case, you have the option of doing one of 3 or 4 things, depending on the laws of ... | |
| I have filed for bankrupcy, but | 10/1/2006 |
| Q: I have 2 secured creditors that are saying I owe them more than I do. My lawyer says this is not for ... A: In a chapter 7 case, you have the option of doing one of 3 or 4 things, depending on the laws of ... | |
| tax liens | 9/28/2006 |
| Q: I have a customer that wants to refinance his mortgage to payoff a federal tax lien. His brother ... A: YOu are correct. The lien cannot be removed in a bankruptcy. It is possible that the underyling ... | |
| Bankruptcy/Savings Bonds | 9/20/2006 |
| Q: If I have to file bankruptcy (the kind where every dept is discharged), do I have to cash and turn ... A: They are an asset (it doesn't matter whether they are "liquid" or not). Whether you have to turn ... | |
| paperwork | 9/17/2006 |
| Q: I want to file for bankruptcy but dont have any of the paperwork for bills or loans. Do I need them ... A: Yes, you have to make a good faith effort to obtain the names and addresses of your creditors and to ... | |
| Lawsuit | 9/15/2006 |
| Q: I just got served for a lawsuit from a law firm/ collection agency for a credit card debt over ... A: The only way to properly evaluate your options is to go through a comprehensive consultation with a ... | |
| FORGOT TO LIST A CREDITOR IN BANKRUPTCY TWO YEARS AGO | 9/14/2006 |
| Q: I apologize, I filed my bk in Redding, CA. The creditor is pacific bell for a phone bill, was not ... A: Again, assuming it was a no-asset chapter 7 case, it's not dischargeABLE--It was dischargED. You ... | |
| FORGOT TO LIST A CREDITOR IN BANKRUPTCY TWO YEARS AGO | 9/14/2006 |
| Q: I have a question. I filed for bankruptcy and received my discharge in june 2005. I just now ... A: If you filed a Chapter 7 and it was a no-asset case, then in most jurisdictions (you don't indicate ... | |
| BK & Marriage | 9/13/2006 |
| Q: Would the BK affect her credit rating at all? She is from Canada and has just gotten a new SS ... A: If she doesn't file the bankruptcy then it will not affect her credit. Of course, regardless of ... | |
| Important Question | 9/12/2006 |
| Q: I want to know can I get off Bankruptcy. If I find a company to pay off my debt in full.I know that ... A: I am not your bankruptcy attorney and have no vested interest in whether you stay in bankruptcy or ... | |
| 4 year statute | 9/7/2006 |
| Q: I am a California resident who has only credit card debt. It is spread out over about a dozen ... A: If it has in fact been over 4 years since you made a payment or any charges on the card, then you ... | |
| Bankruptcy & Judgement | 9/6/2006 |
| Q: I filed for chapter 7 bankruptcy on 5/05 (discharged 8/05)and included an auto loan in this claim. ... A: Depending on where your case was filed, in most jurisdictions the judgment the auto loan company got ... | |
| Discharge of a non listed debt | 9/6/2006 |
| Q: I have a civil contempt judgment against my ex-wife for $197,000 issued in Oct 2004. $132,000 of ... A: Unfortunately, she is probably correct. If her case was a "no asset" case, then it does not matter ... | |
| Chapter 7 | 8/29/2006 |
| Q: Michigan. Included two vehicles and neither company has come to get them? Neither is worth much, ... A: If your Statement of Intention said you were surrendering the vehicles, you need to create a paper ... | |
| Late fees assessed on Mortgage in CH 13 Plan | 8/25/2006 |
| Q: My husband and I filed a Chapter 13 bankruptcy 9/02. After four long years of hard work, the ... A: Not legally, but this happens all the time. You need to check the proof of claim they filed in the ... | |
| vehicle discharged in BK, now collections for balance? | 8/20/2006 |
| Q: I filed CH 7 in California 5/2002. Included and discharged was vehicle which I surrendered--did not ... A: Under the facts as you've stated them, you have no further obligation on the vehicle. The ... | |
| Bankrupcty vehicle | 8/16/2006 |
| Q: My Chapter 7 bankruptcy was discharged in june 2005. At the time I wrote GMAC stating I decided to ... A: OK, several things you're saying are inapposite. Discharge "papers" don't say anything about ... | |
| Section 547b | 8/8/2006 |
| Q: My bankruptcy has already been discharged. I am trying to recoup some money that was collected (by ... A: To my knowledge, you do not have Standing to bring a preference action. That is something that the ... | |
| Time to Respond to Amended Adversary Complaint | 8/1/2006 |
| Q: If an Adversary Complaint is filed against you, you typically have 25 days from the service of the ... A: I can't address what is or isn't fair, but the Federal bankruptcy Rules state that you have a ... | |
| Creditor not filing | 7/27/2006 |
| Q: They vehicles were provided for in the plan and very clearly put into the plan structure. We have in ... A: If the payments have not been received by the creditor, then they have the right to seek court ... | |
| Creditor not filing | 7/27/2006 |
| Q: Our chapter 13 was accepted and ruled on in 2005. We have made every payment on time. I recently ... A: I don't know what it is that the credit union failed to file, but if you made the monthly payments ... | |
| bankruptcy 13 | 7/26/2006 |
| Q: I've been bankruptcy for 1 year. The only thing that I want to save in bankruptcy is my house. ... A: You would have to check with your attorney as to the procedure for doing that in your jurisdiction ... | |
| Car repossessed | 7/24/2006 |
| Q: We filed for bankruptcy in Aug or Sept 2005 and it was discharged in Oct 2005. At that time we ... A: If you did not sign and file a reaffirmation agreement on the vehicle loans, then the debts on them ... | |
| Debt Discharge | 7/23/2006 |
| Q: In 1998 I filed for bankruptcy with the majority of the items being back taxes due to a business ... A: Taxes are either dischargeable or not. It does not require any action from the taxing agency ... | |
| having a comaker on loan that debter filed bankruptcy | 7/19/2006 |
| Q: when a debtor on loan files chapter 13 bankruptcy and there is a comaker on the loan disclosure, ... A: If someone else is obligated on the same loan as the debtor who filed a Ch. 13, then the only way to ... | |
| converting to a chapter 7 | 7/17/2006 |
| Q: i filed chapter 13 and haven't made several payments can i convert it to a chapter 7 and still save ... A: Yes, you can convert it to chapter 7. How that would affect your home and other assets is way beyond ... | |
| BANKRUPTCY OR DEFAULT & CONSEQUENCES | 7/13/2006 |
| Q: 1. DO I QUALIFY FOR 7 OR 13 ? 2. UNSECURED DEFAULT ? WHAT IS POTENTIAL CONSEQUESNCES PLEASE CALL ME ... A: There is no way to determine what your qualify for without first having a consultation. If you live ... | |
| income | 7/13/2006 |
| Q: what qualifies it to considered in the monthly budget and if so can you list private school tution ... A: If it's income to you, then it is part of your monthly budget. You can list anything as an expense. ... | |
| What to do ? | 7/11/2006 |
| Q: But this is the first letter that we received about a dismissal.Believe me if we had gotten a letter ... A: You are asking me to answer questions about documents that I have not seen. There is no way that ... | |
| how can we get out of bankruptcy | 7/3/2006 |
| Q: My husband and I filed bankrutpcy in order to keep our house and i had some issues that i threw in ... A: You can dismiss your case, but of course if you do that, then the creditors secured by your house ... | |
| Lack of Assets | 6/29/2006 |
| Q: We are considering filing for chapter 7. We live in an apartment and have no assets except for my ... A: Whether you can keep your cars depends in part on the exemption laws of whatever State you qualify ... | |
| Third party collection after BK | 6/20/2006 |
| Q: I have a third party collecting debt on a loan that was Discharged in Jan 15 2002. This was an ... A: If in fact the debt you refer to was discharged, then they are violating the post discharge ... | |
| convert 13 to 7 | 6/5/2006 |
| Q: I recently filed a Chapter 13 BK. Prior to my Meeting of Creditor, I recieved a large selltlment ... A: Well, this really depends on how your plan is set up, what you mean by paying your secured creditors ... | |
| Can I do this. | 6/5/2006 |
| Q: I am going to have to file bankruptcy sometime soon. I have little income, but some credit card ... A: Criminal restitution obligations are not dischargeable in any bankruptcy chapter. You can pay it ... | |
| Second mortgage after Chpt 7 | 6/3/2006 |
| Q: Was the lien filed when I took out the line of credit? I got the equity line of credit in 2003, ... A: A lien is filed to create a perfected security interest in the collateral for the loan. I've never ... | |
| Second mortgage after Chpt 7 | 6/3/2006 |
| Q: I'm not positive they have a lien on my home; however, if one exists it was filed AFTER I filed my ... A: I don't understand how they could get a lien after your bankruptcy case was filed and charge off the ... | |
| Chapter 7, did not reaffirmation auto | 5/31/2006 |
| Q: I am making voluntary payments on my auto loan. My question is an the creditor still take the ... A: The answer depends on when your case was filed. If you filed before October 17, 2005, then they ... | |
| bankruptcy & equity in home | 4/20/2006 |
| Q: I have been researching bankruptcy on the internet and trying to find out if we can file under the ... A: Equity is calculated by taking the fair market value of the property, then subtracting all liens and ... | |
| bankruptcy | 3/20/2006 |
| Q: can student loans be discharged in a bankruptcy A: Only if you can prove, after litigation, that repaying them would impose an "undue hardship" on you. ... | |
| Bankruptcy | 2/9/2006 |
| Q: I am getting ready to file for bankruptcy in Pennsylvania. I am getting a pretty good Tax refund ... A: Well, you're not very clear in what order you plan to do all these things, but I'll take a shot at ... | |
| about chapter 13 | 12/29/2005 |
| Q: Can you Please give me your impute, not legal advice, regarding the following: Say a person filed a ... A: that really depends on how the courts and trustees in your jurisdiction handle such things. ... | |
| bankruptcy | 12/4/2005 |
| Q: Would you advise someone to file a bankruptcy on their own with no lawyer? I was wondering if it ... A: If you know of someone who is able to navigate the bankruptcy systems under the new laws who is not ... | |
| bankruptcy | 10/13/2005 |
| Q: I filed Bankruptcy approximately 3 years ago. My house was included in the bankruptcy but I ... A: I don't know exactly what you are asking. The new lender is not affected by your bankruptcy case, ... | |
| Ch.7 property valuation-joint tenency | 10/12/2005 |
| Q: From: James Fender Riverside County, CA Dear Mr. Markus In contemplating Chapter 7, would you ... A: Whether it reduces the risk depends on the amount of liens and encumbrances against the property and ... | |
| Bankruptcy vs slugging it out | 10/3/2005 |
| Q: Mark, Thank you for volunteering your time. I'm writing to you on behalf of my girlfriend. She is ... A: Well, you don't say how much debt she owes, but bankruptcy is certainly one alternative. If she ... | |
| bankruptcy judge | 9/30/2005 |
| Q: Markus! i needed to lay this out for you and ask something. about 4 months ago, i filed chapter 13 ... A: 1. You need to have him sign and then file a substitution of attorney form. 2. You can contact ... | |
| advice | 9/23/2005 |
| Q: Markus! i was writing to ask advice. i live in miss., and about 3 months ago, filed chapter 13 ... A: Your question as stated doesn't make much sense. First of all, you don't file a discharge. A ... | |
| time limit to file an adversary complaint, amendment to schedules to show an asset and exemption | 9/10/2005 |
| Q: Mr. Markus: Thank you in advance for taking the time to answer this. I have two questions: In a ... A: 1. Technically, no. THe property isn't abandoned back to the debtor until the case is closed. ... | |
| Unexpected Inheritance and Bankruptcy | 8/29/2005 |
| Q: My parents live in Riverside County, CA. Brief background: My parents both worked for a religious ... A: I'm going to need to research the issue of splitting the homestead exemptions. Also, how long have ... | |
| Effect of Bankruptcy on Garnishment | 8/13/2005 |
| Q: Creditor has a monetary judgment against Debtor. Creditor causes a Writ of Garnishment to be served ... A: The answer depends on the laws of whatever State the funds are being held in, but in general, I'd ... | |
| Payng off a chapter 13 | 7/9/2005 |
| Q: no other debts or unsecured debt at all) is there really anything to keep me from not having to pay ... A: The question you are asking really entails giving legal advice which I cannot do without reviewing ... | |
| Is CAble TV a utility for bankruptcy purposes | 7/6/2005 |
| Q: Markus - I want to thank you in advance for answering my question. My question is, in California ... A: I have never heard of them cutting off service as long as you are current with the payments to them. ... | |
| Bankruptcy affect on credit | 6/13/2005 |
| Q: First I'd like to thank you very much for your assistance. Here is some bankground: I declared ... A: Your questions can only really be answered after a comprehensive analysis of your and your fiance's ... | |
| chapter 13 | 6/1/2005 |
| Q: ------------------------- My question was in regards to filing a chapter 13, not 7, apparently you ... A: I'm sorry, that was a typo in my response. My answer was for Ch. 13, I just typed Ch. 7 ... | |
| chapter 13 dismissal | 3/25/2005 |
| Q: i have currently been in chapter 13 for 18 months, i believe the 13 is about to be dismissed for ... A: You're asking me what your mortgage company will or won't do after your case is dismissed. I have ... | |
| How to Start?! | 3/19/2005 |
| Q: Mr. Markus, Thanks in advance for your attention to this. My fiancee has had a 'challenging' credit ... A: Sure, that's easy. If your fiancee' lives in California, please have her visit my webpage at ... | |
| Bankruptcy Question | 3/16/2005 |
| Q: I filed bankruptcy in December of 2003. Now the IRS sent me a letter saying I owe them over $3,000 ... A: It depends on what tax years you're talking about, when the returns were last due to be filed for ... | |
| refiling banruptcy | 3/1/2005 |
| Q: ------------------------- Followup To---The original was a 13 it was converted to a 7 which has not ... A: Well, technically, I suppose if they filed another ch. 13 then another automatic stay would go into ... | |
| bankruptcy | 3/1/2005 |
| Q: If one co-signs a student loan for someone, and they then latter declare bankrupcy(person who is ... A: You need to be a bit more clear about your facts, but if the co-signer files bankruptcy and receives ... | |
| refiling banruptcy | 3/1/2005 |
| Q: If you initially filed a chapter 13 then converted to a chapter 7 how soon can you refile a chapter ... A: Well it depends possibly on whether the chapter 7 case is still open and what the disposition of ... | |
| getting rid of old debts | 2/23/2005 |
| Q: What chapter would by used in a case like this? How much would it cost? How would it affect my ... A: The questions you are asking can only be answered after a comprehensive consultation with a ... | |
| Bankruptcy/Inheritance | 2/21/2005 |
| Q: 19 Days after my bankruptcy was discharged my father died. My brothers, sisters and I are all named ... A: If he died within 180 days of the date your case was filed, then the money you are to receive is an ... | |
| bankruptcy | 2/3/2005 |
| Q: The Trustee appointed in our case(we live in IN)is asking for us to hand over our tax check to ... A: 1. Because the tax refund is an asset of the bankruptcy estate and, unless you exempted it on your ... | |
| Bankruptcy and tax returns | 2/2/2005 |
| Q: I am preparing to file for bankruptcy and I live in NY. I was wondering if I file for bankruptcy and ... A: I've never seen anyone take a tax return before, but if you mean a tax refund, that is required to ... | |
| FILING CHPT 7 | 1/5/2005 |
| Q: I have recently become overwhelmed w/ my monthly debt, namely due to large balance credit card debt ... A: There is no reason why you can't file a chapter 7 case after having just purchased a home. The ... | |
| bankruptcy | 1/4/2005 |
| Q: I just purchased a new home in November 2004 with my first payment just paid for Januray 2005. I was ... A: I'm not sure I understand your question. If you are asking whether your credit card debts will be ... | |
| Bankruptcy with a financed vehicle | 12/30/2004 |
| Q: Regarding Bankruptcy protection in the State of California for someone in his or her early 30's ... A: That's a lot of questions and I suggest that you contact me to schedule a time for a more ... | |
| Crame down provision within a Chapter 11 Bankruptcy: | 12/25/2004 |
| Q: -Where can I read more about cram down policy! Do we need to have a plan in order to use cram down? ... A: Yes, of course you need a Plan to do a cramdown in a Ch. 11. You need to do a Plan in order to ... | |
| Crame down provision within a Chapter 11 Bankruptcy: | 12/25/2004 |
| Q: The bankrupt business debtor wants a creditor within the case to assume a term loan and acquire the ... A: There's no way to answer that question without knowing a lot more facts. Cram down can work if the ... | |
| Bankruptcy | 12/8/2004 |
| Q: I am in the state of California. When we first filed we had our home included in the plan to keep ... A: If your Ch. 13 case gets dismissed, you can file another Ch. 13 bankruptcy as long as the court's ... | |
| Bankruptcy | 12/8/2004 |
| Q: We have filed for bankruptcy in August chapter 13. During that time we still made payments to all ... A: Your facts are a bit convoluted but I will try to answer your questions as stated. First of all, ... | |
| After filing Bankruptcy | 12/7/2004 |
| Q: Let me first start out with telling you that what I think you are doing is great! My father filed ... A: Well, I'm sure these are questions your father's lawyer can answer. As to your first question, the ... | |
| Judgements | 11/30/2004 |
| Q: Followup To Question - I would like to know...if a bank takes you to court after you have filed ... A: If you assume that, you would be incorrect. The bank can engage in whatever remedies are allowed ... | |
| Can you claim judgements?? | 11/23/2004 |
| Q: If a credit card company wins a judgement against me in court today, and I file chapter 7 in ... A: Yes, a judgment is dischargeable in a chapter 7 bankruptcy (assuming that's what you meant to ask) ... | |
| Bankruptcy and judgements | 11/19/2004 |
| Q: I am a 50 yr old man. 3 years ago I was laid off from a $75,000 yr computer support job and was ... A: To answer your questions in order: 1. Yes, debts reduced to judgment are dischargeable in ... | |
| Chapter 7 | 11/11/2004 |
| Q: Mr. Markus: I have filed for Chapter 7 bankruptcy in Ohio. It was discharged August 13 of this year. ... A: Yea, I'm still not understanding what your attorney is thinking, so maybe I'm missing something. ... | |
| Chapter 7 | 11/10/2004 |
| Q: Mr. Markus: I have filed for Chapter 7 bankruptcy in Ohio. It was discharged August 13 of this year. ... A: I'm not sure I understand your facts. You listed these creditors already, but you amended to ... | |
| Bankruptcy - Repossed Car | 11/6/2004 |
| Q: Are repossed cars still listed on Schedule D - Creditors holding secured claims form, after the car ... A: yea, that is a little odd, although possibly not incorrect. It depends on when the vehicle was ... | |
| bankruptcy | 10/28/2004 |
| Q: If there is a lien on my savings box and I file bankruptcy next week how long before I can go into ... A: I'm not sure that I understand your question. A lien doesn't prevent you from accessing your box ... | |
| Bankruptcy chapter 7 | 10/26/2004 |
| Q: So if I owe 600.00 dollars more now compared to then I can not use them. The only thing that has ... A: Well, if that's the only change, you're probably fine. But I would suspect that the amounts in your ... | |
| Preferential Payments | 10/6/2004 |
| Q: I was fired from my job in April, 2004. I got my 401K payment which come to about $28,000. In May, I ... A: Whether or not it's a good time to file bankruptcy can only be determined after a comprehensive ... | |
| Credit Report | 10/5/2004 |
| Q: Our names are pronounced the same, by the way. For a number of years I fought not to file ... A: Well, I am not an expert in credit repair. If there is actually inaccurate information on your ... | |
| small claims | 10/2/2004 |
| Q: Mark, Thank you. So, if I understand you correctly. I dont have to "RUSH" to file a lein? Amount ... A: If you are able to record the lien more than 90 days prior to his filing the bankruptcy case, then ... | |
| small claims | 10/2/2004 |
| Q: Judgement in my favor due to def. not showing. Notice to discover this Thursday in court. Q: If he ... A: The dischargeability (which you called dismissal) of the debt has nothing to do with whether you ... | |
| 2 Years after bk discharge, frozen bank account | 10/1/2004 |
| Q: sent the creditor bk papers and all(to show that they were listed), 2 months later still ... A: This sounds like it is a secured debt and, if so, the lien remains after the bankruptcy case. ... | |
| late fees in Chapter 13 bankruptcy | 9/30/2004 |
| Q: My name is colleen and I live in Ohio. I have been involved in a chapter 13 bankruptcy that will be ... A: The only thing the Chapter 13 deals with is pre-petition debts. It gives you time (36-60 months) to ... | |
| Bankruptcy | 9/17/2004 |
| Q: I have recently tried to obtain a department store credit card and was denied because I have a ... A: You probably need to contact an attorney who deals with credit reporting issues. This is not really ... | |
| Personal property | 9/14/2004 |
| Q: I make all payments to the bank and she has never made a payment, so even though she lists the car ... A: I've never heard of a State that had laws allowing repossession where payments on the debt were ... | |
| BK7 | 7/9/2004 |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
Bankruptcy Law
Answers by Expert:
Mark J. Markus- California Bankruptcy Attorney
Top Expert on this page
Expertise
Mark J. Markus is a Los Angeles bankruptcy attorney who has practiced exclusively bankruptcy law in California since 1991 and is rated A+ by the Better Business Bureau and is AV-rated by Martindale-Hubbell. He represents debtors, creditors, and Trustees in Chapter 7, Chapter 11, and Chapter 13 of the bankruptcy code throughout California.
Experience
Visit our California bankruptcy webpage at http://www.bklaw.com for more information on bankruptcy in general and Mark J. Markus in particular. Many questions are answered on the web page (hint, hint).
The Markus webpage also contains more information on
Also visit our Los Angeles bankruptcy blog for interesting articles and much more.
Organizations
Central District Consumer Bankruptcy Attorneys Association (CDCBAA) Los Angeles County Bar Association (LACBA) Commercial Law & Bankruptcy Section of the Los Angeles County Bar Association Financial Lawyers Conference (FLC) National Association of Consumer Bankruptcy Attorneys (NACBA) Los Angeles Bankruptcy Forum (LABF) American Bankruptcy Institute (ABI) San Fernando Valley Bar Association (SFVBA)
Publications
Central District Consumer Bankruptcy Attorneys Association Newsletter September 2007 (Vol. 1, Issue 2)
Education/Credentials
J.D., University of Arizona 1990. B.A. Economics, California State University, Northridge 1986. For more details please click here
Awards and Honors
AV Rated by Martindale-Hubbell (http://www.martindale.com) A+ Rated by Better Business Bureau
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