Can I run a credit report on my husband? We are separated, I own my home, just closed my business which he helped run.
Walter's answer
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Answered on October 21, 2012
Trust your attorney. The Fair Credit Reporting Act specifies the purposes for which someone can request a credit report, and it provides for civil...
Archived
File bankruptcy first, then hire an attorney
Walter's answer
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Answered on October 15, 2012
An attorney you hire after filing can't be paid until the plan is confirmed. I know I don't like to step into a case on those terms, plus you will...
Archived
Can a signed and notarized debt, stating that this debt can not be discharged in any
BK proceedings stand up ?
Walter's answer
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Answered on October 12, 2012
I agree with my colleagues who have said the agreement is not enforceable. In my opinion, the only contractual way to waive discharge of a debt is...
My ex has filed chap 13 bankruptsy. Can I file contempt if those debts he was responsible for in our divorce are discharged?
Walter's answer
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Answered on October 10, 2012
Any attempt to enforce the property settlement during the bankruptcy or after discharge would likely violate federal law. If you don't want to file...
Archived
I live in Ohio and my ex who is $10g behind in child support is filing Chapter 7 bankruptcy. Can he include this in his Chapter7
Walter's answer
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Answered on October 10, 2012
Child support obligations are not dischargeable in bankruptcy. I never advise clients to attend the meeting of creditors in someone else's case. In...
Archived
I received a collection letter one yr from my discharge of bk, do I need to add creditor or are they covered already?
Walter's answer
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Answered on October 10, 2012
My understanding is that all debts, whether scheduled or not, are discharged in a no-asset Chapter 7 case throughout the Ninth Circuit (which is...
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Archived
Does my attorney have to correct known clerical errors in a case?
Walter's answer
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Answered on October 10, 2012
The explanation you were given doesn't add up for me. When I file lien avoidance motions, I have to provide proof in the form of a recorded...
Archived
Can I file bankruptcy as a cosigner on a student loan?
Walter's answer
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Answered on October 09, 2012
You are treated no differently in bankruptcy than someone who borrowed money for their own education. To discharge the debt, you will need to...
Archived
Can the bank come after me for staying in the house after discharged of BK7? Bank dose not want to foreclose I don't understand
Walter's answer
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Answered on October 08, 2012
No one can predict whether the bank WILL foreclose, but they certainly have the right to. I agree with my colleagues that you will not be liable...
Archived
Mortgage debt was discharged in ch.7 last year and was not reaffirmed I am now thinking about walking away from my house can I?
Walter's answer
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Answered on October 08, 2012
In general, a bankruptcy discharge means there is no more personal liability on the mortgage note. The debtor remains the owner of the property in...
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