Andrew M Ellis’s Answers

Andrew M Ellis

Phoenix Bankruptcy Attorney.

Contributor Level 13
  1. I filed a bankrupt 7 years ago and now I want to know if my husband who hasn't filed in 9 years can we both file a chapter 7

    Answered 3 months ago.

    1. Andrew M Ellis
    2. Sandra A Kuhn Esq.
    3. Jeffrey D Wolfe
    4. Roy A. Praver
    5. Richard Glenn Elie
    6. ···
    8 lawyer answers

    No. The two of you cannot file together until it has been at least 8 years since BOTH of you received a chapter 7 discharge.

    10 lawyers agreed with this answer

  2. Liens on real property

    Answered about 1 year ago.

    1. Andrew M Ellis
    2. James Portman Webster
    3. Steven W Zachary
    3 lawyer answers

    A creditor that obtains a judgment against you can file the judgment with the County Recorder. Doing so creates a judgment lien on all non-homestead real estate. If you have more than $150,000 equity in your homestead, then the judgment lien might attach to the equity above $150,000. Yes, you can remove the judgment lien through bankruptcy under certain conditions. Please mark my answer as helpful or best answer (if you think it is). Thanks.

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  3. I filed a chapter 7 in 2009. If i need to file again what are my options. I have some debts that I would like to get of of me.

    Answered about 1 year ago.

    1. Andrew M Ellis
    2. Matthew Scott Berkus
    3. Diane L Drain
    4. Dorothy G Bunce
    5. James Portman Webster
    5 lawyer answers

    You should consult with an experienced attorney (me or others) in detail about your options and consequences, which are briefly described below. File another chapter 7 now, but you will not receive a discharge. File a chapter 13 bankruptcy case and be in it for 3-5 years (or until 2017 when you are eligible to convert to chapter 7 and receive a chapter 7 discharge). File a chapter 11 bankruptcy case. Please mark my answer as helpful or best answer (if you think it is). Thanks.

    9 lawyers agreed with this answer

  4. Can I still reaffirm my mortgage after 3 years of filling Chapter 7?

    Answered 8 months ago.

    1. Andrew M Ellis
    2. Scott Benjamin Riddle
    3. Shaye Larkin
    4. Thomas John Cesta
    5. Diane L Drain
    5 lawyer answers

    Any reaffirmation agreement between you and your mortgage company, in order to be enforceable now, must have been signed before you received your discharge. 11 U.S.C. § 524(c). Therefore, it is too late to reaffirm your mortgage 3 years after filing your chapter 7 bankruptcy case. You could lose your home to foreclosure if you are behind on your payments to either mortgage company (1st or HELOC). You can try refinancing your mortgage and line of credit separately or together. Some, but not...

    8 lawyers agreed with this answer

  5. I just completed Chapter 7 and my HOA is still coming after me for past assessments, fines and legal fees. Can they do that?

    Answered about 1 year ago.

    1. Andrew M Ellis
    2. Diane L Drain
    3. Thomas John Cesta
    4. David Eli Larson
    5. James Portman Webster
    5 lawyer answers

    Under Arizona law, your homeowners association has a lien against your home for any unpaid assessments. Under the CC&R's, you are personally responsible for any and all unpaid assessments. A discharge in a bankruptcy releases a debtor from personal liability for dischargeable debts. Unless there is a bankruptcy court stating otherwise, a discharge does not release liens against property. Therefore, you were released from personal liability for past due assessments, but the HOA still has a...

    8 lawyers agreed with this answer

  6. Judgement Debtor's Examination

    Answered 8 months ago.

    1. Andrew M Ellis
    2. Steven W Zachary
    3. Robert J Adams Jr.
    4. Renee Mayerson Cannella
    4 lawyer answers

    You must be personally served with the Order Requiring Judgment Debtor to Appear (a.k.a. JDE Order); no one can be served for you. If you have not been personally served with the JDE Order, then you do not have to appear at the judgment debtor's examination. If you were personally served with the JDE Order, then I suggest you appear and try to get it continued or canceled there. I hope that my answer was helpful.

    Selected as best answer

  7. Can my spouses wages be garnished?

    Answered about 1 year ago.

    1. Andrew M Ellis
    2. Michael Thomas Poulton
    3. C. Andrew Campbell
    3 lawyer answers

    I agree with Mr. Poulton that, based upon the information your provided, the outstanding judgment is a separate property debt. However, that doesn't automatically mean that your husband's wages won't be garnished. It means that you have legal means to stop the garnishment if it happens. Because the sole source of household income is your husband's paycheck, the judgment creditor might attempt to garnish his wages because you have a community property interest in his wages. If that happens,...

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  8. In Phoenix, AZ in filing Chapter 7. I currently owe H.O.A. $1000. What happens to HOA lien after Bank takes possession?

    Answered 4 days ago.

    1. Andrew M Ellis
    2. Gary D. Bollinger
    3. Shelley Ann Elder
    4. Diane L Drain
    4 lawyer answers

    The HOA's lien is below (subordinate to) the bank's lien (a.k.a. deed of trust), so if the bank forecloses, the HOA's lien is extinguished. When you receive a discharge, you will no longer be responsible for the HOA dues that were owed on the date of your bankruptcy filing. However, you will be personally responsible for all the HOA dues that become due AFTER your bankruptcy case filing until the house is sold or transferred to the mortgage company. So after the discharge is entered you may...

    7 lawyers agreed with this answer

  9. Can my HOA garnish my wages for fees After chapter 7 discharge and I wasn't living in the home?

    Answered 7 months ago.

    1. Douglas Garth Edmunds
    2. Diane L Drain
    3. Andrew M Ellis
    4. Scott Benjamin Riddle
    5. Robert Parkinson Taylor
    6. ···
    7 lawyer answers

    Yes. You are responsible for the HOA fees that became due after you filed for bankruptcy and become due until the house is sold. They were not discharged in your bankruptcy case.

    7 lawyers agreed with this answer

  10. I had to file BK but have NEVER been late on a mortgage payment with PNC Mortgage. They refuse to show my payments on my credit

    Answered 8 months ago.

    1. Andrew M Ellis
    2. Shaye Larkin
    3. Brett D Weiss
    4. Dorothy G Bunce
    4 lawyer answers

    If you chose not to reaffirm the mortgage in your bankruptcy case (I normally do not recommend reaffirmation), then your personal liability for the debt will be discharged but the deed of trust will survive. Because you are no longer personally liable for the debt, the credit reporting agencies stop reporting your payment history, probably because reporting your payments after the discharge could be a violation of the discharge injunction. If you want to keep your house, you have to keep making...

    7 lawyers agreed with this answer