Archived
Can I bring forth my evidence or proof that Deutsch bank natl. did not have the right to foreclose on my condo in ch-13 case
G.'s answer
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Answered on June 03, 2014
The Rooker-Feldman doctrine would apply - if the state court was a final determination on the merits, then the Bankruptcy Court doesn't have the...
Archived
After a Ch.13 Bkrpty has been officially discharged, is there a law that says it HAS to remain on my credit reports for 7+yrs?
G.'s answer
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Answered on June 03, 2014
Under the federal Fair Credit Reporting Act, a bankruptcy can remain on a credit report for up to 10 years. However, for Chapter 13 cases, the...
Archived
What does a motion of trustee to dismiss chapter 13 case (of one of my clients) mean for me the business owner?
G.'s answer
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Answered on June 03, 2014
A motion to dismiss because of plan duration being longer than 60 months is routinely filed in the Western District of N.C. because under the law,...
How soon can I safely sell exempted real estate in a Chapter 7 Bankruptcy case?
G.'s answer
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Answered on June 03, 2014
The safest answer is to wait until the bankruptcy case is closed and the Clerk of Court issues the Final Decree. Until then, the house (even...
Archived
What's a fair price for a chapter 7 and a chapter 13 including filing fees?
G.'s answer
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Answered on April 04, 2014
As to Chapter 7 cases, it will depend upon the complexity of the case, and the general "going rate" in the market. You might consider checking...
Archived
I just got married and my husband is filing bankruptcy for old debt of his. Does my income have to be disclosed and considered?
G.'s answer
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Answered on April 04, 2014
It would have to be disclosed for purposes of the means test, if a majority of his debts are
consumer debts.
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