Archived
If one makes a payday loan and then files bankruptcy what can the loan company do? HAS ANYTHING BEEN DONE THAT IS ILLEGAL?
Walter's answer
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Answered on September 13, 2012
Although payday loans may be illegal in your state (you would need to ask a MS lawyer about that), if you knew you were about to file for...
Archived
If i just took a 401 k loan out for home repair can i still file chapter 7
Walter's answer
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Answered on September 12, 2012
Yes, but the money still in your hands will be an asset of your estate. If you can't exempt it, you'll lose it.
Archived
I am filing Chapter 7 tomorrow and I am subject to a continuing wage garnishment- how do I notify my HR to stop it immediately?
Walter's answer
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Answered on September 12, 2012
Your attorney can easily print a case filing notice from the PACER menu and fax it to HR.
Archived
My mother fraudulent took $12,000 student loans out in my name and is not paying them. What do I do?
Walter's answer
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Answered on September 12, 2012
At the very least, you would need to file a criminal complaint against your mother. The problem is that a court might decide that you "ratified"...
Archived
Once a Notice of Discharge has been issued on a Ch. 7 BK can non-dischargeable debts be collected upon?
Walter's answer
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Answered on September 12, 2012
Yes, but you cannot levy on assets that were exempted unless you are a tax or DSO creditor, or unless you have an unavoided lien. Estate property...
Archived
My discharge date for my Chap 7 bankruptcy was 11/23/04,do I have to wait after that date to begin filing again?
Walter's answer
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Answered on September 12, 2012
For the sake of completeness, you could certainly file under another chapter (11, 12, or 13) now. But, as others have said, if you want a discharge...
Archived
If you fire your attorney, How much time does he have to tell the court? Am I responsible for the cost of the document /Filling?
Walter's answer
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Answered on September 12, 2012
There's no set time. You should retain other counsel right away, who can file an appearance. Or else file an appearance on your own behalf....
Archived
Don't want to loose all the equity in my car. Filin Chapter 7. My car is paid off. Am I ok get a loan on my car before filing?
Walter's answer
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Answered on September 12, 2012
Yes, you'd file in Ohio, where you live. You'd use the exemptions of the state where you lived for the greater part of the 180 days preceding two...
Archived
What are the Debt requirements to file bankruptcy chapter 7 in the state of California?
Walter's answer
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Answered on September 12, 2012
Do you mean, could you promise to pay an attorney and then discharge that very debt in bankruptcy? Sure, you could. That's why nearly every...
Archived
We filed bankruptcy in 2001 and now fighting a lawsuit on a timeshare that was discharged? what do we do?
Walter's answer
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Answered on September 12, 2012
Yes, and it doesn't matter when the fees accrued -- they have a lien on the timeshare to collect all sums that are contractually due. Your...
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