Becky A Moshier’s Answers

Becky A Moshier

Saint Paul Chapter 7 Bankruptcy Attorney.

Contributor Level 9
  1. Can I do anything for my Chapter 13 attorney screwing up my Chapter 13?

    Answered 11 months ago.

    1. Becky A Moshier
    2. Jeremy Judson Cobb
    3. Dorothy G Bunce
    4. Michael J Corbin
    5. Robert J Adams Jr.
    6. ···
    6 lawyer answers

    Everything you have described can probably be fixed through amending your schedules. You can retain a new attorney to do this or ask your present attorney to do so. To sue somone for legal malpractice is difficult and generally you have to have suffered financial harm. It seems to me that your concern is misdirected at the present time. Search for another attorney that can fix the issues with your case. Good luck.

    9 lawyers agreed with this answer

  2. Ch. 7 discharged last year; my house is underwater, if I foreclose or deed in lieu now what happens with the 2nd mortgage?

    Answered over 1 year ago.

    1. Becky A Moshier
    2. Sara Marie Grant Rojas
    3. Michael James Wang
    4. William James Waters
    5. Jeremy Judson Cobb
    5 lawyer answers

    No your 2nd mortgage cannot pursue you for payment unless you reaffirmed the 2nd Mortgage in your bankruptcy. However, in order to do a short sale you need agreement from the 1st and 2nd mortgage companies. If you simply walk away from the property (allow foreclosure) the 2nd mortgage cannot force you to pay. Short sales and Deeds in Lieu of Foreclosure are not that common where you have two mortgages on a property that is underwater.

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Can Bankruptcy be used to halt a foreclosure on a house?

    Answered over 1 year ago.

    1. Becky A Moshier
    2. Errin Preston Stowell
    3. Douglas M Turbak
    4. Jeremy Judson Cobb
    5. Gregory J Wald
    6. ···
    7 lawyer answers

    Yes, you could file a Chapter 13 bankruptcy before the Sheriff's mortgage foreclosure sale. In a Ch. 13 case you pay the mortgage arrears through the Ch. 13 Plan and you start paying your regular mortgage payments going forward. In your case of course, the arrears will be quite high if you haven't paid in a year, so your Ch. 13 Plan payment has to be large enough to pay the arrears over a maximum of 60 months. You have to demonstrate that you can pay the Plan payment and the regular mortgage...

    7 lawyers agreed with this answer

  4. Is chapter 7 best for eliminating deficiencies on first and second mortgage?

    Answered over 1 year ago.

    1. Becky A Moshier
    2. Douglas M Turbak
    3. Jeremy Judson Cobb
    4. Errin Preston Stowell
    5. James D Ealley
    6. ···
    8 lawyer answers

    Yes, a Ch. 7 will eliminiate the debt from the 2nd mortgage. The 1st mortgage liability will be taken care of through the foreclosure sale. Whether you can file a Ch. 7 depends in part on what your income is. If you are under the median income and you are single, the cost to file a Ch. 7 is $306.00 for the Court filing fee and attorney's fees vary, but are generally $1,500.00 to $1,700.00. You owe a substantial amount on the 2nd mortgage, so a bankruptcy is most likely the best solution to...

    7 lawyers agreed with this answer

  5. Can you use a credit card to pay for legal fees when filing bankruptcy

    Answered about 1 month ago.

    1. Becky A Moshier
    2. Craig William Andresen
    3. Brian Christopher Fetzko
    4. Rachel Therese Schromen
    5. Shelley Ann Elder
    6. ···
    8 lawyer answers

    No, not your own credit card as this would be fraudulent to use a credit card that you intend to discharge in your Chapter 7 Bankruptcy. You can use someone else's credit card to pay your fees.

    5 lawyers agreed with this answer

  6. Can I file a chapter 7 or chapter 13 after a divorce when we had filed a chapter 7 in 2009?

    Answered 10 months ago.

    1. Becky A Moshier
    2. Jeremy Judson Cobb
    3. Matthew Scott Berkus
    4. Michael J Corbin
    5. Asaph O. Abrams
    5 lawyer answers

    No, you cannot file another chapter 7 case until 8 years has passed from the date of filing of your last chapter 7 case in 2009. You can however file a chapter 13 case 4 years after you filed the chapter 7 case to receive a discharge in the chapter 13 case. If it hasn't been 4 years, you may still file a chapter 13 case, but you would not be eligible for a discharge.

    5 lawyers agreed with this answer

  7. Can you include returned unpaid checks from your bank in a chapter 7 bankruptcy?

    Answered almost 2 years ago.

    1. Becky A Moshier
    2. Peter Walter Weston
    3. Dorothy G Bunce
    4. Stephen M Trezza
    4 lawyer answers

    Yes. However, there is a small chance that you could be pursued for "knowingly" writing a bad check, which could be charged as a crime. If the checks have been turned over to collection agencies then you probably don't need to worry as some time must have gone by. If criminal charges are considered, they generally do this right away. Collection agencies will try to scare you into paying the bad check by threatening fraud charges or criminal charges and in most cases this is rare.

    5 lawyers agreed with this answer

  8. I filed bankruptcy and its been finalized for over 2 1/2 years and included my second mortage in my bankruptcy

    Answered over 2 years ago.

    1. Becky A Moshier
    2. Min Gyu Kim
    3. Michael J Corbin
    4. James Portman Webster
    4 lawyer answers

    The Chapter 7 Bankruptcy discharge only relates to your "personal liability" on the 2nd Mortgage loan. The secured mortgage lien remains on your home (the collateral for the loan) until the loan is paid or otherwise satisfied. This means that the 2nd Mortgage cannot sue you for the debt and garnish your wages to collect the debt. The only option available to the 2nd Mortgage is to foreclose their lien if they choose to do so. Generally, the 2nd Mortgage will not foreclose their lien because...

    5 lawyers agreed with this answer

  9. Will anyone help me? I can trust?

    Answered over 2 years ago.

    1. Becky A Moshier
    2. Dana Whitney Atchley
    2 lawyer answers

    You can and should ask for a payment history from the IRS and the State of MN that shows the payments applied and the interest and penalties added to your tax obligation. Keep in mind that interest and penalties adds up fast when you haven't made any payments for a period of time. Also, the IRS is entitled to judgment interest on the tax lien from the date of entry of the lien until they are paid. So, it is entirely possible that the amount they kept from your share of your mother's estate...

    5 lawyers agreed with this answer

  10. I want to file chapter 7 bankruptcy, how do I include by boyfriend's income?

    Answered about 2 years ago.

    1. Becky A Moshier
    2. James Portman Webster
    3. Michael J Corbin
    4. Jack Justin Adams
    4 lawyer answers

    The proper family size would be 3 since you are living together and sharing expenses. Your boyfriend does not have to file bankruptcy; however, you must be able to show what his financial contribution has been to the household. As far as the $500.00 excess monthly income, an attorney could help you with your expenses to determine if you qualify for a Chapter 7 Bankruptcy. In my experience, debtors often underestimate their actual expenses.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

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