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Krystal M. Ahart

Krystal Ahart’s Answers

16 total


  • I surrendered property in bankruptcy. The bank never changed title. Do I have to pay the taxes? Can the bank still foreclose?

    The debts were discharged in bankruptcy in 2002. The home on the property was destroyed by a fire. To date, the bank has not foreclosed or changed title. Property taxes keep accruing and I received a notice of sale of certificate of delinquency an...

    Krystal’s Answer

    In Arizona, I believe the property taxes would "run with the land," and would therefore not be a personal obligation (even after bankruptcy). It is important for you to consult with a local attorney to discuss the details.

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  • One of my creditors named in my chapter 7 is debiting money out of my account how can stop them.

    I have filed chapter 7. My bank account has debited from a creditor name in my bankruptcy how do I get that money back.

    Krystal’s Answer

    • Selected as best answer

    I would only add that, if you have to communicate with the creditor yourself, be sure to tell them that they have violated the Automatic Stay of Bankruptcy (11 U.S.C. Section 362) and demand that 1) the funds taken after the bankruptcy be returned; and 2) that no further funds be taken. I would recommend making this demand both over the phone and in writing, by certified mail, return receipt requested.

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  • HOA Breach of Contract / Lien Foreclosure Filed

    I was unable to pay my HOA fees for a total of 6 months, just before my bankruptcy filing, and my BK Attorney advised that I didn't need to pay the past due HOA assessments, but after my BK filing, the Attorney advised that I immediately begin mak...

    Krystal’s Answer

    As you said, your bankruptcy relieved you of the personal obligation to pay the pre-bankruptcy assessments, but the HOA does have a lien on the property and they can initiate foreclosure proceedings (most CC&Rs state that the lien is automatic).
    HOWEVER, pursuant to Arizona law, the lien will expire after 3 years, unless they foreclose. That may be a long time to wait to be sure, but I do believe the HOA assessments could be paid at such time as they initiated a foreclosure, if that ever happened. Also, ss I understand it, very few HOA's actually elect to foreclose on their liens.
    I wish you the best of success!

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  • I am being summoned for an auto loan debt. Is it possible that my other creditors (of old debts) will start suing me too?

    I am currently settling on the auto loan debt. If i have them remove my negative mark from it on my credit report, will other creditors/collectors come after me?? I have other debts that I haven't been able to pay, but not sure if it's enough to...

    Krystal’s Answer

    Most debts based upon contract will survive for six years, so if the old debts are within that six year time frame, it is possible for them to sue you at any time. It would be wise to consult with a bankruptcy attorney to discuss the possibility before a bankruptcy filing becomes a necessity due to multiple lawsuits, so you know what that option is all about.

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  • My Attorney want respond to my e-mail I sent him on Tuesday March 12, 2013 regarding issues I have about the Amended Complaint.

    hired and gave $7000.00 dollars cash to my Atty on Wed Feb 27. Thur Feb 28, my Atty called me with urgency in his voice insisted that he filed Notice of Appearance and dismiss two Defendants today, if not would half to pay Attorneys fees to Defen...

    Krystal’s Answer

    If an in person meeting is ineffective (or he won't agree to meet), consider contacting the State Bar of Georgia to discuss the attorney's behavior and your options. Good luck to you!

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  • What are the rules for keeping a large sum of cash in a Chapter 13 bankruptcy filing?

    Suppose someone has $25,000 in cash and a CD and wants to keep it in a Chapter 13 bankruptcy. Utah uses state exemptions and cash isn't exempt. Can someone keep the cash to use to catch up on a mortgage as part of the chapter 13 plan or just kee...

    Krystal’s Answer

    Although you can catch up past due mortgage payments in your chapter 13, you will be paying the trustee a fee based on percentage of distributions he makes. It would be better to bring your mortgage current before the filing and spend the rest "in all the right places." I very highly recommend getting yourself a good chapter 13 attorney with some of that money too; it will be worth it.

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  • I am going to court against a debt collector in AZ and they are contending that not producing a

    contract with my signature is irrelevant under Regulation Z, 12 C.F.R. 226.12 footnote 21, saying pure use of a credit card means acceptance. I fail to see how not having a signed contract is irrelevant when they expect me to hand them over tho...

    Krystal’s Answer

    Technically, each time you use the card you are agreeing to repay the debt.

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  • How long can a civil Judgement be enforced in the State of Arizona

    recieved a civil Jugdement three years ago cant find the guy to pay

    Krystal’s Answer

    I agree with the other answers and add only that the timing is very important. Be sure to contact an attorney who can help you with the renewal sooner rather than later.

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  • What is the process for abandonment of property in a chapter 7 case

    Today I found out that the trustee on my case has filed for abandonment of the real estate property I included in my case (this is a good thing as I was looking to short sale my home). What is the process? Since this was initiated by the trustee ...

    Krystal’s Answer

    In my experience (in Arizona), the Trustee's Notice of Intent to Abandon provides creditors and parties in interest 21 days to object to the abandonment. I don't believe the Court will enter an Order, however. The last Notice I received read as follows:

    If there is no timely written objection and request for hearing filed, no hearing will be held and the property deemed abandoned without a court order having been entered.

    I wish to reiterate the other lawyers' comments about the potential for liability by way of the short sale contract. I think it is important that you find a knowledgeable bankruptcy attorney to 1) review the short sale contract and 2) obtain an actual Order Abandoning from the Court, if that is truly what is in your best interest.

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  • Is it adviseable to change attorneys in the middle of a case, if your attorney seems he may not be your best representation?

    I had ch7 discharged 2 months ago. But the trustee is trying to go after my self-directed IRA funds, and now wants full records since 2010 for an LLC i owned and closed because of business failure. I get the sense the trustee works on commissio...

    Krystal’s Answer

    It is typically difficult and often quite costly to change attorneys in the middle of a bankruptcy (because the new attorney must get acquainted with your circumstances and what has gone on thus far in the case. I absolutely agree that competent counsel is an absolute must for individuals in bankruptcy, especially where there is a business in the debtor's recent history.

    Also, the trustee does essentially work on commission: they get a percentage of the funds they distribute to creditors. They get something like $75 for each case where no funds are distributed to creditors.

    Finally, it is not likely that offering a settlement to the trustee would obviate the need for the meeting he/she has called.

    I hope this helps!

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