Robert Charles Russell’s Answers

Robert Charles Russell

Vancouver Bankruptcy Attorney.

Contributor Level 13
  1. Do I get the housing allowance for the means test if my non-filing spouse owns our home but he is not filing for chapter 7

    Answered 11 months ago.

    1. Robert Charles Russell
    2. Dorothy G Bunce
    3. Rachel M. Sposato
    4. Brent J Jensen
    5. Peter Maurice Lively
    5 lawyer answers

    Everyone gets a housing allowance on the Means Test. Yes, any mortgage payment that is deducted up front is then then added back in the secured debt section. However, you can also have a marital adjustment if your finances are separate and/or he has debts that he pays (and are not contributed to the home). Your situation is not "easy". Talk to an experienced attorney.

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  2. Is it possible to switch from diffrent bankruptcy

    Answered 10 months ago.

    1. Robert Charles Russell
    2. Brian E Wheeler
    3. Dorothy G Bunce
    4. Richard D. Granvold
    5. Andrew T. Velonis
    6. ···
    7 lawyer answers

    Yes. However. ultimately, you have to qualify for 13 to stay in 13.

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Should I seek a bankruptcy lawyer or divorce lawyer?

    Answered 11 months ago.

    1. Tazewell Taylor Shepard IV
    2. Robert Charles Russell
    3. Shaye Larkin
    4. Linda Juergens Lawrence
    5. Brent J Jensen
    5 lawyer answers

    You should find an attorney that is versed in both areas, if possible. Note: Just because she agreed to pay the debt in the divorce that does not mean that the creditors cannot come after you IF you are obligated with them on the original debt. Now, if she is supposed to file that debt by the disso decree and she filed a Chapter 7, then her liability to you is not discharged. So, if you have to pay any of the debt she was ordered to pay then you can sue her under the diss "hold harmless"...

    10 lawyers agreed with this answer

  4. Stuck in a rut: How do we get our name off the house title after bankruptcy?!

    Answered 11 months ago.

    1. Shaye Larkin
    2. Robert Charles Russell
    3. Dorothy G Bunce
    4. Richard Edward Sexner
    4 lawyer answers

    The house is yours until it is not yours. That means you would have to transfer it to someone else (e.g. sale, DIL) or have it taken from you (e.g. foreclosure). A bk discharge relieves you of the personal liability on the promissory note but does nothing to ownership. The good news is that you get to live their rent/payment free until at least foreclosure occurs. You might take this time to save up money as a down payment for a new home. You never know, maybe they won't foreclose for...

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  5. After filing Chapter 7 in WA State using the Fed Exemptions. How do I pay my mortgage or food for my family?

    Answered about 1 year ago.

    1. Robert Charles Russell
    2. Brett D Weiss
    3. Richard D. Granvold
    4. Robert J Adams Jr.
    5. John Michael Phillips
    6. ···
    8 lawyer answers

    Generally, all income earned after you file is yours and not part of your Chapter 7 estate. Disability income due and received after you file is treated the same - it's yours. If you like, take a look at 11 USC § 541 (" § " means "Section").

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  6. Can I file personal chapter 7 bankruptcy if my house is going into forcloser but has not been officially forclosed on. Thanks!

    Answered 11 months ago.

    1. Robert Charles Russell
    2. Shaye Larkin
    3. Latife Helen Neu
    4. Nicholas D. Fisher
    5. Brittany S. A. Cline
    6. ···
    7 lawyer answers

    Absolutely. You can file bk before to after. However, FYI, in WA you will not owe anything on the home if it is a standard nonjudicial foreclosure. [See link below.] If you file before the FC occurs, the Chapter 7 trustee might try to sell the home (even short sell the home). Timing of filing can matter in some regards. But, you can sure file before a FC occurs.

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. Are property taxes dischargeable in a C7 or C13 . Thank you

    Answered almost 2 years ago.

    1. Jonathan David Leventhal
    2. Eugene Andre Ahtirski
    3. Brian Crozier Whitaker
    4. Diane L Gruber
    5. Robert Charles Russell
    6. ···
    7 lawyer answers

    In these parts (WA), here is how that plays out. If you want to keep the property, you have to pay the tax. The tax is a lien on the property. So, even if you did not have personal liability, you'd still have to pay the tax or they would foreclose on the property. Having said that, the minute the county said they were going to foreclose for unpaid taxes; your first mortgage company (if you have one) would pay off the taxes so they would not lose their lien on the property. Your payoff to...

    9 lawyers agreed with this answer

  8. Using the Federal Bankruptcy exemptions, is there any wage protection? I see if I choose to use the states exemptions

    Answered about 1 year ago.

    1. Robert Charles Russell
    2. Kevin Christopher McGee
    3. Kenneth Joseph Schneider
    4. Christine B. Adams
    4 lawyer answers

    You can use 11 USC § 522(d)(5) - the "wildcard" exemption - as a basic "earned but unpaid wage" exemption.

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  9. 1st mortgage was not reaffirmed but 2nd was. Unable to refinance now. Been told it could possible be a malpractice case?

    Answered 7 months ago.

    1. Lynnmarie A. Johnson
    2. Douglas Eugene Kuthy
    3. Scott Benjamin Riddle
    4. Matthew Scott Berkus
    5. Richard D. Granvold
    6. ···
    9 lawyer answers

    I'd find another potential lender. You should request a payment history from the first mortgage creditor. With that I fully expect that there would be a lender out there than could do a "rapid re-score" based on the payment history.

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. My bankruptcy chapter 7 is awaiting closing and I'm now eligible to received monies from a claim/settlement...

    Answered over 1 year ago.

    1. Kevin Christopher Gleason
    2. Richard Allan Heller
    3. Robert Charles Russell
    4. Ray Choudhry
    5. Gary D. Bollinger
    5 lawyer answers

    It's all about when the claim arose (not when you are paid) and the available exemptions (whether you can protect none, some or all from the claims of creditors). Talk to your bankruptcy attorney.

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

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