Archived
Is it possible to convert from a Ch. 13 to a Ch. 7; if so, what are plus & minuses; and what happens to the remaining balance?
Walter's answer
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Answered on December 13, 2015
I agree with everyone else -- you need a good lawyer to advise you on the best course. In general, a chapter 13 debtor has an absolute right to...
Can I keep lump sum pension check when I am in a Chapter 13?
Walter's answer
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Answered on December 13, 2015
You need a good bankruptcy lawyer to help you with this. If you don't have one, you won't know how to respond when the Chapter 13 trustee demands...
Do I have to include my current child support payment in my Chapter 13 repayment plan or can I just include the arrears?
Walter's answer
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Answered on December 13, 2015
Most people say "in the plan" when they mean that something will be paid by the Chapter 13 Trustee instead of directly. Most districts require that...
Archived
Status of adversary proceedings in chapter 13 bankruptcy upon dismissal of chapter 13 petition? NYS federal court
Walter's answer
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Answered on December 13, 2015
There's no simple answer, which is why you should ask your bankruptcy attorney. For example, an AP for a violation of the stay ought to survive,...
Archived
Is it illegal, or against regulations, to refinance a mortgage that was not re-affirmed during a bankruptcy? Thank you
Walter's answer
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Answered on December 13, 2015
That is absolutely untrue. Nobody *has* to refinance you, but the fact that you didn't reaffirm the mortgage is not relevant. Very few lawyers will...
Archived
What is the average cost to defend against an adversarial proceeding in a BK case?
Walter's answer
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Answered on November 05, 2013
You should ask the attorney you consulted because no-one else can possibly estimate the cost. Also ask your chapter 13 attorney whether the fees of...
Archived
I received a motion to lift the stay. Is it possible to object and gain more time?
Walter's answer
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Answered on October 22, 2013
In general, only the chapter 7 trustee has standing to object to a stay-relief motion in chapter 7. Your attorney would know whether your judge...
Archived
Suing bankruptcy trustee
Walter's answer
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Answered on October 20, 2013
There's no such thing as a "Chapter 5 bunkruptcy" or even a "Chapter 5 bankruptcy". Not only does the trustee have absolute immunity from suits by...
Archived
Chapter 13 bankruptcy--status of mortgage note as per recording in land records--new york property
Walter's answer
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Answered on October 19, 2013
There are TWO documents that are important for your mortgage loan -- the note and the mortage. The holder of the note is the person entitled to be...
Archived
What does a bankruptcy do if it does not: 'Bankruptcy does not get rid of judgments or avoid liens'.
Walter's answer
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Answered on October 15, 2013
Bankruptcy certainly DOES discharge most judgments, so either the person you're quoting was wrong or you took the quote out of context. Judgment...
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