Archived
What happens to the house my girl friend and I bought in Aug 2007 if she files bankruptcy.
Richard's answer
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Answered on April 15, 2013
The salient question is whether there was any "equity" in the house at the time she recorded the quit claim deed to you. If not, (and this can...
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Archived
Should I be required to pay a credit card debt if I never signed any papers, an agreement, or a contract, and can I sue for harr
Richard's answer
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Answered on April 15, 2013
If you are receiving multiple phone calls every day from a debt collector (as opposed to the credit card company itself) you may have a claim under...
Archived
I have NO income (injury) nor combined income or any assets w/spouse. Do I file MFS or divorce first to qualify for Chap 7?
Richard's answer
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Answered on April 15, 2013
You should speak with a competent bankruptcy attorney to review your case. Perhaps, if you don't have the income to pay a lawyer review your case,...
Archived
Does the court use the Chapter 7 Schedule I or the Statement of Current Monthly Income to calculate my ability to repay debts?
Richard's answer
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Answered on April 15, 2013
In a Chapter 7 case, the question is not "your ability to repay your debts" per se. Rather, the question is whether under § 707(b)(2) of the...
Archived
If I loan my dad money, using his house as collateral, is this a secure transaction?
Richard's answer
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Answered on April 15, 2013
If you receive a mortgage on your father's house in exchange for a loan of money to your father for an equivalent sum, it would be a first position...
Archived
All actions are sealed. New York Bankruptcy Case that has a potential for an Ad Hoc Equity Committee.
Richard's answer
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Answered on April 15, 2013
You would need to contact the Office of the United States Trustee first about creating such an Equity Committee. Depending on their answer, under §...
Archived
Can you file for bankruptcy after the mortgage company has filed a deficiency judgement against you.
Richard's answer
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Answered on April 15, 2013
Yes, you can file for bankruptcy after the mortgage company has obtained a deficiency judgment against you. It's like any other debt that is...
Archived
Can I fund an ira with exempt funds if the bankruptcy has not been discharged?
Richard's answer
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Answered on April 15, 2013
Yes, it is possible to fund your IRA with savings that have been claimed as exempt. However, I agree with the prior attorney that any such funding...
Archived
Debt collection question about charge off.
Richard's answer
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Answered on April 15, 2013
No. When you pay the assignee, anything that he recovers over and above what he paid to purchase your debt is profit to him and thus is taxable to...
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Archived
Contributing to an IRA
Richard's answer
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Answered on April 12, 2013
Yes, you can contribute to your IRA as it is exempt regardless of whether you claim the state law exemptions of the bankruptcy code exemption...