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Jordan M. Slattery

Jordan Slattery’s Answers

19 total


  • Can federal student loans be included on ch7 bankruptcy?

    I don't think this question needs any details....?

    Jordan’s Answer

    Generally no, federal student loans are non dischargeable. In order to discharge these loans a debtor must pass the Brunner test, which has three parts. The debtor must prove that he or she is in poverty, that poverty is very likely to continue for the duration of the repayment period, and that the debtor has made a good faith effort to pay the loans. This is a very hard standard to prove, and in all but the most extreme circumstances student loans will survive bankruptcy. If you are going to attempt to discharge student loans you need to hire an attorney: it's going to be an uphill battle.

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  • I Need a chapter 7 bankruptcy attorney with a reasonable fee

    I have no assets except car note to reaffirm. Mainly credit card debt for chapter 7. My only income is widow benefits. I am a full time student also.

    Jordan’s Answer

    Fees can vary widely and just like with anything else you get what you pay for. You should contact several different attorneys and ask for fee quotes.

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  • Chapter 7 personal bankruptcy dismissed

    If a bankruptcy case was dismissed, and then a year later it is determined that some property was not disclosed, could there be any charges pressed or consequences for not disclosing - although case was dismissed?

    Jordan’s Answer

    Failing to accurately disclose all of your assets is perjury. You sign the petition under oath and you are under oath when you testify at your 341 hearing.

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  • Vehicle value and other requirements regarding Florida Chapter 7 Bankruptcy.

    At this time, it appears I may be forced to file for bankruptcy in the coming months mostly due to medical and other compounding bills. At present my 2003 vehicle will easily qualify as a vehicle worth $1500 or less, and it seemed like everything ...

    Jordan’s Answer

    The exemption covers the equity in your vehicle. Overstepping the bounds of the exemptions can be easy to avoid with some planning. As a practical matter, whether or not you should purchase a vehicle depends on your budget.

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  • What is cost of chapter 7 bankruptcy

    difference between 7 and 13

    Jordan’s Answer

    Each attorney will handle fees a bit differently. Filing fees are $310 for Chapter 13 and $335 for Chapter 7. Attorneys fees are generally more for Chapter 13 because of the complexity of the cases.

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  • Car in Chapter 7

    Discharged bankruptcy, Chapter 7, about 2 years ago. Retained my vehicle during the discharge by just continuing to pay the payments. Never signed anything with car banker. Just received a letter from car loan asking for signature to "continue rec...

    Jordan’s Answer

    Contact your prior attorney. Do not sign anything, especially if you want to be rid of the car. A reaffirmation agreement is not effective unless it is signed and processed with the court prior to your discharge. Based on the lender's actions it does not appear that they think the loan is reaffirmed, but they may be wrong.

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  • Chapter 13 questions - Window for stopping foreclosure; Title and sale during automatic stay; Filing multiple bankruptcies.

    How late in the foreclosure process can a homeowner file a Chapter 13 to stop a foreclosure sale - can he file on the day just before the sale? During the Chapter 13 automatic stay, can the customer sell the house (supposedly, the house is curren...

    Jordan’s Answer

    There would be no bar on filing a Chapter 7 here, but the previous filing prevents issuance of another discharge. The homeowner can file Chapter 13 up until a minute before the sale. Any other parties involved in the sale (lender, lender's counsel, substitute trustee in the case of a trustee sale) should be notified as soon as possible to ensure that the sale stops. The Chapter 13 plan must propose to repay arrears on the property and the homeowner must resume ongoing payments.

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  • After my divorce is final my husband plans to file bankruptcy for his debts

    We were only married a year and had no joint accounts or debts, but during our marriage he charged his own credit cards for non-community purchases. If he files bankruptcy AFTER the divorce is final, can the creditors come after me?

    Jordan’s Answer

    Another issue you may want to watch out for is how the debt is handled in the divorce. If the divorce Judge names him responsible for some of the debt and subsequently that creditor pursues you because he is not paying, you may be able to sue him for the amount you had to pay the creditor.

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  • Letter to relief from automatic stay in chapter 13

    what is this and what does it mean

    Jordan’s Answer

    A motion for relief from the automatic stay is the creditor's way of getting around the bankruptcy court's protection. They can do this to enforce their state law rights with respect to collateral. It doesn't mean that they can try to collect from you, but generally gives them the right to repossess if it's a car or foreclose if it's a house.

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  • Settling a second and 90 day rule - CH 13 and 11

    I am settling my 2nd for 10% of principal. I wanted to get this done BEFORE I declare BK as it greatly simplifies the BK....but as soon as the check clears, I want to restructure under either 13 or 11. Under the 90 day rule, I should be OK rig...

    Jordan’s Answer

    The question may not be whether or not they are secured, but how secured they are. If there is enough equity over the first mortgage to cover the amount you are paying to the second then you're probably in the clear. If there is no equity over the first mortgage then I would say that payment constitutes a preference, but you can always do a lien strip in Chapter 13 if that is the case.

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