San Diego Chapter 13 Legal Advice (21 found)

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Christopher Ronald Bush's answer
Contributor Level 3

Unfortunately, the student loan debt counts even though it is nondischargeable...
Question

Matthew Edward Williamson
Matthew Edward Williamson's answer
Contributor Level 7

I am a California Bankruptcy attorney, but this will be a general answer so you...
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Christopher Ronald Bush's answer
Contributor Level 3

Maybe, but not certainly. You don't mention a dollar amount. Some of the money...
Pamela A Wilson
Pamela A Wilson's answer
Contributor Level 4

You need to get a second opinion from a bankruptcy lawyer in a different legal...
Pamela A Wilson
Pamela A Wilson's answer
Contributor Level 4

Mr. Bush is correct...you may be able to protect some of the tort claim...
Question

Harley Aaron Feinstein
Harley Aaron Feinstein's answer
Contributor Level 5

No. The Chapter 7 bankruptcy does not strip the deed of trust. You can only...
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Christopher H Mccormick's answer
Contributor Level 3

First, you need to consult with a CA bankruptcy atty. to determine the state...
Jeffrey Daniel Larkin
Jeffrey Daniel Larkin's answer
Contributor Level 7

Currently, you are entitled to a $75k homestead exemption in CA unless you are...
Jeffrey Daniel Larkin
Jeffrey Daniel Larkin's answer
Contributor Level 7

More facts are needed. When was the HELOC taken out? Was it after the initial...
Jeffrey Daniel Larkin
Jeffrey Daniel Larkin's answer
Contributor Level 7

More facts are needed. When was the HELOC taken out? Was it after the initial...
Joycelyn R. Curry
Joycelyn R. Curry's answer
Contributor Level 4

It should not if you surrender the home while in bankruptcy and if you file for...
Matthew Edward Williamson
Matthew Edward Williamson's answer
Contributor Level 7

Depends...have they already started foreclosure proceedings. If so, then it...
Kristine Caroline Kyllander
Kristine Caroline Kyllander's answer
Contributor Level 4

This question is impossible to answer without doing a full case evaluation. In...
Jeffrey Daniel Larkin
Jeffrey Daniel Larkin's answer
Contributor Level 7

I agree with Ms. Kyllander's post. LEGAL DISCLAIMER Mr. Larkin is licensed...
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Steven Alan Fink
Steven Alan Fink's answer
Contributor Level 8

Not if your numbers are accurate. There is a Bankruptcy Section that allws a...
Virginia Elizabeth Fortunato
Virginia Elizabeth Fortunato's answer
Contributor Level 3

It is possible to "stip off" and discharge a 2nd mortgage in bankruptcy in some...
Question

Harley Aaron Feinstein
Harley Aaron Feinstein's answer
Contributor Level 5

You have lots of good questions. It does sound like you will have personal...
Jeffrey Daniel Larkin
Jeffrey Daniel Larkin's answer
Contributor Level 7

Whether you will pass the means test and be eligible to file for chapter 7...
Jeffrey Daniel Larkin
Jeffrey Daniel Larkin's answer
Contributor Level 7

Yes, you are eligible to file for chapter 7 based on the number of years it has...
Jeffrey Daniel Larkin
Jeffrey Daniel Larkin's answer
Contributor Level 7

I disagree with your attorney and the answer posted above. I have handled...
Stephanie Farr White
Stephanie Farr White's answer
Contributor Level 6

Under a chapter 7, you would need to reaffirm (or at the very least continue to...
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Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

Filing for bankruptcy protection is a big decision, so before you do this, make...
Brian T Pedigo
Brian T Pedigo's answer
Contributor Level 6

Can you? Yes you can. Should you? Probably not. Bankruptcy can get complicated...
Question

Jeffrey Daniel Larkin
Jeffrey Daniel Larkin's answer
Contributor Level 7

Chapter 13 may be an option for you depending on what type of business you...
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Vincent A. Gorski
Vincent A. Gorski's answer
Contributor Level 4

I am sorry to hear about your situation. When is the trustee sale scheduled?...
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Luana Martucci's answer
Contributor Level 4

If you are currently separated from your spouse and living in separated...
Harley Aaron Feinstein
Harley Aaron Feinstein's answer
Contributor Level 5

Yes it is possible (and quite common) in California for only one spouse to file....
Carl G. Archer
Best Answer: Carl G. Archer's answer
Contributor Level 5

It might not be a bad idea to talk to the credit card company first. Bankruptcy...
Harley Aaron Feinstein
Harley Aaron Feinstein's answer
Contributor Level 5

If you have a mountain of debt that, realistically speaking, you won’t ever...
Question

Jeffrey Daniel Larkin
Jeffrey Daniel Larkin's answer
Contributor Level 7

You can still make the deduction provided you have sufficient expenses to...
Margery Ellen Golant
Margery Ellen Golant's answer
Contributor Level 8

If handled properly, this is an issue that can probably be overcome. Likewise,...
Michael John Harrington
Michael John Harrington's answer
Contributor Level 5

The means test is a presumption. The presumption may in some cases be overcome....

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