Archived
Voluntary Petition: "Certification by a Debtor Who Resides as a Tenant of Residential Property"...which option do I choose?
Walter's answer
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Answered on August 26, 2012
Don't file pro se. The adage that a lawyer who represents himself has a fool for a client goes double for people who don't have legal training --...
Archived
Plan on filing BK. I gave a car to my son 10 months ago, would this affect him? He is located in another state.
Walter's answer
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Answered on August 26, 2012
Giving something away within a year prior to filing bankruptcy could prevent you from getting a discharge. Be sure to retain a competent bankruptcy...
Archived
Can a creditor continue to add on to a debt that has been discharged in a BK
Walter's answer
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Answered on August 25, 2012
I'm going to guess this is a secured debt, like a mortgage, and that you've been late. You have no personal obligation to pay the debt if it was...
Archived
My boyfriend and I have been living together for 5 1/2 yrs.
Walter's answer
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Answered on August 24, 2012
It's the law EVERYWHERE that people who are living in a household are expected to shoulder their fair share of the household expenses, so that a...
Archived
In chapter 13 bankruptcy can I keep the timeshare ?
Walter's answer
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Answered on August 24, 2012
Not in my state -- a timeshare is a luxury expense. Chapter 13 debtors are expected to sacrifice their toys in order to pay back creditors who...
Archived
Can my mortgage come after me to seek any deficiency, even if my chapter 13 plan is approved?
Walter's answer
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Answered on August 23, 2012
Be sure you're reading the mailing correctly -- it may just have been a proposed order attached to the motion. Our judges typically strike out any...
Archived
My confirmation hearing for Chapter 13 bankruptcy is coming up next month. Do I have to attend the hearing or can I just not go?
Walter's answer
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Answered on August 23, 2012
My rule of thumb is that, if a hearing has been set, you have to appear. Where I practice, the judges cancel hearings that are unnecessary. But...
Archived
My car is paid off but its under my fathers name. he is about to file for bankruptcy. how can i keep my car?
Walter's answer
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Answered on August 23, 2012
Do not let him transfer the car to you without getting advice from a good bankruptcy attorney, because that could be viewed as a fraudulent...
Archived
My lawyer told me i could thousands by cramming down my vehicle but didn't know the 910 day law now what?
Walter's answer
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Answered on August 22, 2012
All is not necessarily lost. It's still possible to cram down the interest rate to prime plus a small risk increment, such as 4%, and to stretch...
Chapter 13 and Workers Compensation Settlement in NY
Walter's answer
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Answered on August 22, 2012
It sounds as though there was miscommunication about the need for your WC attorney's employment to be approved, but it is a requirement because he...
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