Dorota J. Trzeciecka's Answers

I am being sued for breach of contract on my 2nd mortgage, can I include my 2nd mortgage in chapter 7 bankruptcy

You should consult with a bankruptcy attorney about your options. If the value of your home is equal to or less than the amount you owe on your first mortgage, you may be able to strip your 2nd mortgage. I included a link to an article that I wrote on this topic.

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My home is going to auction May 10 2012,do I still have time to file Chapter 7 if done today or tomorrow

You cannot save your home by filing Chapter 7. So, yes, you have time to file, but this will only delay the inevitable. Chapter 7 will also discharge your personal liability for the loan. Chapter 13 is the bankruptcy chapter that allows you to pay delinquent payments overtime, and continue to make your regular mortgage payments, if you have enough income to pay both. You should go and see a bankruptcy attorney in your area to explore your options.

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I filed chapter 7 bankruptcy and need to amend a schedule(E) where do I put the word "Amended" on the form

Before the word Schedule E

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Can they take my tax return for 2011?

They can't take the refund away from you at the deposition. The deposition is set so that they can discover what assets you have that they can levy against. But, you cannot lie during your deposition about the tax refund. Remember, you're also entitled to certain exemption under Florida law. If you do not owe a homestead, you get additional $4K wild card exemption that may or may not cover your refund. If you're unsure about what you're entitled to under the law, contact a debt collection...

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My exhusband file ch.13 after divorce. Can bank take my only car what I have?

That being said, unless the credit cards were closed as part of the divorce settlement, or your ex undertook to pay off the credit card debt in the settlement agreement, you probably are still responsible for the balances that were not discharged through your ex's Chapter 13. So, you need someone to look at your marital settlement agreement, ora final divorce decree, and also someone to advise you on how to protect your assets, like your car and money in your bank account. You're entitled to...

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How do let a new creditor know that i just added them to my chapter 7 what do i send them

If you're doing this yourself, and you're doing it correctly, you should already have copies of the forms that you need to send them. You should serve them with a notice of compliance with creditor information (it maybe called something different in your district). It is what you should have filed with the clerk of the bankruptcy court. Check the local bankruptcy rules for guidance, or ask the clerk.

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Can you negotiate the actual amount paid once a judgement is filed for a dollar amount. Not present at hearing to neg. it then.

This was the amount of the judgment in 2008. Interest has been accruing for the past 4 years on this judgment, so do not expect the amount due to be the same. That being said, I am sure that the credit card company charged it off on their books. You should contact the bank's collection department and let them know that you have an old judgment that you want to settle. If you're doing it without an attorney, make sure that they will record a satisfaction of judgment in exchange for the payment.

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I reside in Clearwater, FL and have not paid mortgage in 3 years. The case was originallly dismissed due to lack of service but

If you had a change in circumstances (you now have a job and a steady income), you can always try again for a loan modification. You're in a better position if your loan is a GSE loan - this is a term that refers to Fannie Mae and Freddie Mac loans. These loans are eligible for review under HAMP loan modification. If your loan is owned by a private investor, they may have programs, similar to HAMP. To find out if your loan is GSE loan go to this website www.makinghomeaffordable.gov. Start...

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If a case isn't resolved at mediation is it appropriate to want to go straight to trial or to try another mediation?

I don't know from your facts where you re in the litigation process. Sometimes a case goes to a mediation in an early stage of the litigation process. There is nothing wrong with this. That being said, sometimes, if the case goes to mediation before the parties had a chance to do all the discovery, the parties don't know the strengths and weaknesses of their case. Then, they firmly hold to their positions that each party has a good case, and the case may not be ripe for mediation. So, yes,...

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Social Security, Pensions, Retirement Plans

The attorney that will represent you will handles the issue of exemptions. Social Security, pensions (with some exceptions), and retirement plans are exempt from the reach of creditors when you file for bankruptcy.

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