Archived
Can I convert my unconfirmed chapter 13 case to chapter 7 singly even though the 13 was filed jointly with my husband?
Herbert's answer
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Answered on February 21, 2017
You and your husband are free to convert or dismiss. However, you can not act for him and he can not act for you.
The two of you need to work...
Archived
How do I exempt my tax returns from chapter 7 bankruptcy in Massachusetts
Herbert's answer
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Answered on February 17, 2017
Converting to federal wild card exemption is an option though as wisely pointed out, it is most likely not needed. As to amending, it is relatively...
Archived
Debt collector file court papers. I responded and now waiting for case management conference.
Herbert's answer
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Answered on February 05, 2017
I view you have viewing three options. The first is finding additional money to hire an attorney/ fund a settlement. Second, explore if you are...
Archived
What happens if I just stop paying my card debt? I have heard that that the card issuer cannot attach my social security
Herbert's answer
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Answered on February 01, 2017
As to the issue if you can file bankruptcy, the answer is yes you can. I have filed a number of bankruptcies for Americans who lived overseas. The...
Archived
Can I continue with the chapter 13 on my own even though I am legally married?
Herbert's answer
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Answered on January 30, 2017
He should be able to dismiss himself as a debtor. As an aside, I suggest you consult with an attorney to see if you are better off filing a new...
Is there any recourse against a mortgage broker who delayed closing & incurred costs for buyer, due to mortgage broker's error?
Herbert's answer
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Answered on January 29, 2017
Broker only gets paid one the loan closes so the delay is costing him money. Unfortunately, the broker may have more than s/he can handle and the...
Archived
Can Second mortgagee payoff the first mortgagee and take ownership without foreclosure if mortgagor gave up rights to surplus
Herbert's answer
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Answered on January 24, 2017
A provision waiving a right to a surplus is highly unusual. I would not assume it is enforcible unless drafted by an attorney. Also, I would not...
Archived
What happens to U5 when discharged?
Herbert's answer
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Answered on January 23, 2017
You are in the wrong chat area. I have directed you to employment
Archived
RI lawyer drafted all the paperwork/deed/mortgage documents for buyer. But sent a MA lawyer to facilitate closing. Is this legal
Herbert's answer
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Answered on January 23, 2017
An attorney represents the bank and prepares the final documents. Consequently , even if the closing was in Rhode Island, the closing attorney...
Archived
In a chapter 13 is it possible to keep your plan from the kind where you have to pay back 100 percent of unsecured debts?
Herbert's answer
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Answered on January 19, 2017
The determination of your payments is very fact specific. There is some leeway such as budgeting for neglected medical needs such as dental...