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Robert Michael Fox

Robert Fox’s Answers

144 total


  • How long does my chapter 7 last? my chapter 7 case was d/c on9/19/ 05

    high point n.c.

    Robert’s Answer

    A chapter 7 will stay on your credit report for 10 yrs and the process takes about 4 months from filing to discharge.

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  • Do I have the right to sale or redeem my property, post sheriff sale, after recent chapter 7 which was discharged?

    Received chapter 7 discharge at the end of 2012, house was included in BK filing...Sheriff Sale was just held last month. I have investors calling and coming to my door daily offering money to buy the house. Just wondering if I have rights to sell...

    Robert’s Answer

    I agree with Mr Corbin. You may redeem the property during the redemption period for the full payoff amount.

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  • Short sale vs. foreclosure post bankruptcy?

    We filed Chapter 7 four years ago, and our mortgage was included in the bankruptcy. However, now we're moving out of state and will be forced to let the house go. It's worth much less than what we owe. I know a short sale and foreclosure are ...

    Robert’s Answer

    Go with the short sale or a deed in lieu.

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  • Do I have to reaffirm car loan if I have a co-signer( in N.Y.State ) if I continue current payments in chapter 7 to prevent repo

    want to keep auto even though value of auto less than loan. Also do not want to stick co-signer with loan.

    Robert’s Answer

    • Selected as best answer

    If you have a co-sginer then the lender has recourse against the 'non filing' party, eventhough you have wiped out your personal obligation to pay. Many lenders will allow you to retain the vehicle if you make timely payments.

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  • Affects of Bankruptcy on Civil & Criminal Cases

    I filed a civil case a few years ago against a company but had to file bankruptcy (chapter 7) after losing my job. The company I filed suit against is now trying to have my case dismissed or dissolved by offering a settlement to the trustee. If th...

    Robert’s Answer

    As my colleagues have stated, your civil case should have been disclosed on schedule b as an unliquidated claim. The trustee has a right to accept any settlement offer, as such settlement is an asset of your estate.

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  • My husband and I are filing Ch 7 bankruptcy

    I was in a car accident before filing and have been having medical problems from the accident. Since the other driver did not have insurance and I did have underinsured/uninsured coverage, my insurance company is paying for my car, and some of my ...

    Robert’s Answer

    The trustee may take all or part of your settlement, depending on your available exemptions. I suggest you meet with a local BK attorney.

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  • Am I responsible/liable to pay other expenses to fix a leaking pipe other than the HOA after chapter 7?

    I was granted chapter 7 which include the condo and mortgage. I don't live in the condo but it is occupied by tenants. The pipe started leaking and it affects my condo and another condo. Am I still responsible to fix it? The tenants were also name...

    Robert’s Answer

    I agree with Mr. Whitaker. You are the currently the post petition owner of the unit, therefore you are liable for the accruing HOA fees and or damages with stem from negligence (depending on the CA state statute) You may have a claim against your tenants for unpaid rent etc.

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  • How does a creditor request a termination of the stay in a Ch7, the debtor has not complied with rule 26 in adversary case

    The adversary case was filed in May 2012, to date the Debtor has not complied with rule 26 disclosures, even though the Judge has ordered him to. She indicated that I could file for termination or request entry of default, and request sanctions fo...

    Robert’s Answer

    Mr Tran is correct. You you are not a lawyer and appear to have close to nil experience with pro se BK litigation. Meet with a bk attorney.

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  • When doing the means test, are you able to put student loan payments ?

    When filing out the chapter 7 means test or chapter 13 22c form, are you able to put deferred student loan repayment on there to show a lower disposal income?

    Robert’s Answer

    Unfortunately no. You cannot even include them on Sch J. They are treated as unsecured non priority Sch F creditors; the only difference being they are non-dischargeable.

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  • What can I do with a car that was not repossessed after filing Chapter 7 bankruptcy?

    After filing Chapter 7 bankruptcy (almost 2 years ago), I did not reaffirm the loan and have been expecting the loan company to repossess the car, which would be fine with me as it is costing a lot to keep it insured and registered, especially giv...

    Robert’s Answer

    I would follow Ms Gruber's advice. Further, the lender is allowed to contact you regarding the surrender of the vehicle, as it has a security interest in the vehicle. They may not try to collect on the outstanding loan as that would be a violation of the discharge.

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