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Mary Elizabeth Ausbrooks

Mary Ausbrooks’s Answers

59 total


  • How long will it take to reopen a bankrupsy case because of a. failure to take the class?

    Mary’s Answer

    A Motion to Reopen will need to be filed. That takes 21 days. The certificate will need to be filed, and the Court will then enter the discharge.

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  • Where do you find the cheapest approved credit counseling class for the pre bankruptcy?

    Mary’s Answer

    You should visit the United States Trustee's website and all agencies that are approved for the pre-filing briefing are listed there by state and district. All agencies are required, I believe, to offer the briefing for free if you cannot afford it.

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  • When can I purchase a home after chapter 13 bankruptcy

    Mary’s Answer

    Financing will depend on the lender. If you find financing while you are in Chapter 13, you will need to seek approval from the Court or your Trustee to incur that debt. I recommend talking to lenders and then reaching out to your lawyer.

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  • Bankruptcy in Tennessee because ex not paying his share of marital debt?

    Mary’s Answer

    You are limited to a $25,000 homestead exemption (single person with minor children). If your equity is more than that, the house would be liquidated by the Chapter 7 Trustee assigned to your case. To protect the equity, you would need to file a Chapter 13. However, to qualify for a Chapter 13, you must have sufficient income to fund the repayment plan and meet your monthly living expenses.

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  • What happens if a creditor wants the collateral because of nonpayment? Im out of town and cant meet them to let them see or get

    Mary’s Answer

    There is nothing in reality that they can do to repossess collateral in your home in two weeks. Tell them that you are planning to file for bankruptcy. Once you have filed, the debt and the underlying collateral will be dealt with - either through paying for it, surrendering it, or possibly, if the circumstances are correct, lien avoidance. Would you like to come in for a free consultation?

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  • Why would bankruptcy lawyer send papers to Husbands ex with all his information?

    Mary’s Answer

    Because your husband owes child support to his ex-spouse, your husband is required to list her as a creditor in his bankruptcy statements and schedules. The Bankruptcy Noticing Center sends notice to all creditors in all bankruptcy cases. She, as well as other creditors, will get notices of all filings in this case for the duration of the case.

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  • How likely is synchrony bank to repo my Husqvarna mower through them ?

    Mary’s Answer

    If they have a lien on the mower, your choices would be to reaffirm the debt, redeem the collateral or surrender the collateral.

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  • Can I add medical bills after I file Chapter 7?

    Mary’s Answer

    • Selected as best answer

    No. Your bankruptcy covers your debts owed at the time of filing.

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  • Husband and I filed a joint chapter 13 bankruptcy 3 years ago, we are separated now and he refuses to help with payments.

    Mary’s Answer

    You need to retain your own counsel and deconsolidate your case.

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  • Can i file a motion to set aside a ch13 dismissal?

    Mary’s Answer

    You have 14 days from the entry of the Order Dismissing your case to move to set aside, but you do have to prove that there was a mistake or some equitable basis to meet the legal burden of proof to set aside the Order. You need to contact your attorney.

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