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Mohammad Ahmed Faruqui

Mohammad Faruqui’s Answers

100 total


  • My husband filed a ch 13 in sept of 2001 which was converted to a ch 7 and discharged in 2005. Can he file a 7 now?

    Does the time between bankruptcies go from the filing date of the first or the discharge date?

    Mohammad’s Answer

    I don't think so. It was a Chapter 7 discharge and it was less than 8 years ago.

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  • Bankruptcy

    In FL Can husb file pers and bus bankruptcy without involving wife if only he owns property and they file joint tax return?

    Mohammad’s Answer

    Generally yes.
    One spouse can file personal as well as business bankruptcy without involving the other spouse. The reason most couples are recommended to file a joint bankruptcy is because both of them might be in debt, or the other spouse might have co-signed many of the debts. It's cheaper to file one joint bankruptcy than two separate individual ones.

    Otherwise, it is not a problem.

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  • I only have 3 months left on my car payments. will that hurt my chances of filing chap 7 bk?

    will my car be considered equity since i only have a short time left on my loan?

    Mohammad’s Answer

    In South Florida, I have not heard of any objections against using the potential trade-in value instead of the fair market value.

    Your car will be considered equity, and you will have to use exemptions to protect it. The amount of exemptions that you can use on that car depend on whether you are single or married, and whether you are claiming exemptions on other personal properties, and whether you are declaring homestead.

    Otherwise, generally these things do not hurt your chances at filing chapter 7 bankruptcy.

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  • We have filed under Ch13 and included our home. But now my husand has been offered a job. Should we keep our home or downsize?

    We filed under Ch 13. We have not had our court hearing yet. We rented a condo. We got the amounts we would pay the Trustee if we kept the house vs let it go in the bankruptcy. And although we have to pay more per month if we include our house...

    Mohammad’s Answer

    Since you already have an attorney, we would defer to his best judgment. However, your question looks more like a personal finance question than a legal question. It is your choice. Each decision has its risk. Downsizing has its obvious advantages, especially if children grew up and moved out. How long will your husband have the new job? Can you afford that house forever?

    As far as selling your existing house and buying a new smaller house go, you would have to get the bankruptcy court's permission. No big ticket transactions can be made while you're in bankruptcy court, unless you get the judge's permission.

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  • Can filing a chapter 13 help keep our home that is currently in foreclosure, waiting for a sale date bank will sell?

    we filed a chapter 7 in 2004...just read a bit about chapter 13, not sure if that will help us stay in our home we dont want to lose, even though we know we are upside down. how would repayment work when and if we file a chapter 13? will that stop...

    Mohammad’s Answer

    I agree, not enough information. A chapter 13 will only help if you can afford to make the plan payments. The size of the payment depends on how far behind you are in your mortgage. You will make payments on the mortgage, plus "catch-up" payments for the months you are behind. If you are 12 months behind, then multiply that by your monthly mortgage payment, and then divide it by 36 months or 60 months. A chapter 13 payment plan will be either 3 years long or 5 years long.

    If you don't have regular income then a chapter 13 plan will be totally unworkable. Your petition will get dismissed.

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  • Can I file Ch7 Bankruptcy in FL if we are in Foreclosure but trying to reinstate or get a loan mod?

    We were served with Foreclosure papers and are trying to reinstate the loan by paying what we are behind. At about the same time we got an offer from the bank for trial payments under Making Home Affordable. We would like to accept the offer but ...

    Mohammad’s Answer

    It is best to wait until the loan is reinstated before you file Chapter 7. When you file, you declare that you're keeping the house and continuing to make payments.

    If you file before the loan is reinstated, the bank will likely cancel any loan mod negotiations and play hard ball with you.

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  • I have a final judgement filed in florida, what can i do

    i have a final judgement from a creditor . is there anything i can do

    Mohammad’s Answer

    Not enough information about your case.

    Is this final judgment from a credit card, a personal loan, a mortgage or something else? The answer depends on what the final judgment was about.

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  • Florida Judicial Lien Question

    I am considering a Chapter 7 bankruptcy and have two judgments against me in the public records. One is from the homeowners association for unpaid fees and the other from a debt collector that took me to court. If I file a Chapter 7 and surren...

    Mohammad’s Answer

    I think the best solution for your situation is to surrender the house in Chapter 7 bankruptcy, unless there are other factors that you haven't mentioned.

    1) A deed in lieu generally does not happen if you surrender the house in BK. Deed-in-Lieu of foreclosure is rarely granted, and even then you still have to get the bank to waive their right to deficiency.

    2) If you surrender the house in bankruptcy, all of your obligations for that house get discharged. Afterwards, the bank is supposed to resume the foreclosure proceeding at foreclose the house. Be careful here. Make sure they actually do foreclose shortly after your bankruptcy discharge. If the lender drags their leg taking forever to foreclose, you may still be on the hook if a neighborhood child trespasses your property and gets injured. If the lender drags their leg taking forever to foreclose, you will definitely be on the hook for condo association fees that accrue after the date of your bankruptcy petition.

    3) Motions to Avoid Liens are for a different scenario.

    4) At this point, anything will affect your ability to buy another house including bankruptcy. But after a bankruptcy discharge, you are at a fresh start. No past judgments, no past debts, etc. You can then re-build your credit history immediately after your bankruptcy discharge and eventually buy a house. The best way to rebuild your credit history is to use a "secured" credit card. See the below wikipedia link about secured credit cards - http://en.wikipedia.org/wiki/Secured_credit_card#Secured_credit_cards

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  • My 15 year old son wants to change his last name to mine. what is cost and how do we do this.

    his father and I were never married his father rarely contacts him My son no longer wishes to carry his fathers last name. Do we even need his fathers permission?

    Mohammad’s Answer

    You have to file a Petition for Name Change. An attorney may charge you according to his or her estimate of how long it will take to prepare that petition and have the Court approve the name change at a hearing. Some attorneys may charge you a flat fee. In addition to the attorney fees, the Clerk of Court will charge you a $401 filing fee to start the petition.

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  • If a bankruptcy is discharged, can HOA fees be assessed, going forward from the date of the discharge?

    An owner in our Homeowners Association was not paying his quarterly fees and the HOA put a lien on the property, which does not have a mortgage on it. He moved out of the house, filed Ch. 7 and received a discharge. Our understanding is that ...

    Mohammad’s Answer

    Yes to both questions. You can still foreclose on the HOA fees.

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