Archived
Im 2/1/2 yrs into a ch13 andwas in a bad car acc and i was awarded 50000 how much can i keep and how much can the trustee keep
Daniel's answer
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Answered on November 14, 2011
In order to fully answer the question it is important to know when the accident occurred. If the accident occurred before the filing of the...
Archived
My wife filed bankrutcy in 2003, Ocwen mortgage dischares mort.
Daniel's answer
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Answered on October 26, 2011
Due to the Automatic Stay, the Mortgage Co. will not send statements. A mortgage and Note are recorded documents filed with the Clerk. It is...
Archived
Can I file Ch. 7 after previuosly attempted Ch. 7 not discharged?
Daniel's answer
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Answered on October 24, 2011
If you did not receive a discharge and there are no Court orders precluding you from refiling, then you can file a new petition for Chapter 7 relief.
Archived
Does New York have wild card exemptions from debt collectors?
Daniel's answer
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Answered on October 24, 2011
When filing bankruptcy in NY, you now have the option to use the State Exemptions or the Federal Exemptions. The Federal allow for the use of...
Archived
My parents have received a court hearing notice for foreclosure; do they need to appear at the hearing?
Daniel's answer
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Answered on October 18, 2011
Yes they should. If this is the start of the case and they have been served with a summons and complaint an appearance physically may not be...
Archived
Can I sue BOA if they approved a short sale, accepted the offer, I was approved for HAFA & 8 months later still no closing date?
Daniel's answer
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Answered on October 18, 2011
You can sue them, but unfortunately that will not expedite matters and may not bring to you the desired result of a HAFA short sale. You should...
Archived
I am in Chap 13 with a 5ry plan pending. Home was in foreclosure status but bank withdrew. I am currently paying bank the
Daniel's answer
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Answered on October 18, 2011
Pursuant to your plan you should be paying the arrers as a percentage of the Trustee payment. Arrears are required to be paid 100% plus the...
Archived
I live in TN and my husband and I have seperated we are in a Chapter 13 and he is wanting to convert to a Chapter 7.
Daniel's answer
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Answered on October 18, 2011
In a Joint Chapter 13 he cannot convert to an Individual Chapter 7. Either the case is converted or it is dismissed. If he fails to contribute...
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