How would getting married during a Chapter 13 repayment plan affect my future spouse? I've abided by my plan to this point.
Walter's answer
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Answered on August 02, 2012
Ask your attorney. The answer depends on practice in your district, on the personality of the trustee, and the preferences of the judge. As a...
Archived
Can my spouse and i file bankrup tcy seperatly, how does that work. we are currently in chp 13 together
Walter's answer
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Answered on August 01, 2012
The procedure you're looking for is called "bifurcation of the case". (That's the wrong word, but it's the one used by the CM/ECF menus. So we're...
Archived
Is it possible to reopen a bankruptcy to get clarification as to the effect of a judge's order?
Walter's answer
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Answered on July 30, 2012
Your remedy (if any) is in state court. You do not need to ask the bankruptcy judge to clarify anything. Make sure the lawyer who represents you in...
Archived
Can I have my name removed from a student loan that I cosigned for my son-in-law a few years ago?
Walter's answer
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Answered on July 30, 2012
It's too bad no-one explained to you 5 years ago what co-signing means. It means YOU are responsible for the debt. You can't get your "name taken...
Archived
Can I file chapter 13 for my home which I owe two mortgages on?
Walter's answer
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Answered on July 30, 2012
On the face of it, you have too much secured debt to qualify for chapter 13. Talk to a bankruptcy lawyer about your situation. You may be able to...
How to walk-away from a non-reaffirmed mortgage?
Walter's answer
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Answered on July 28, 2012
You own the house (and are responsible for injuries suffered on the property and for abating nuisances, such as an overgrown lawn) until someone...
The lawyer took it upon himself to file Chapter 13 without my signature and final consent. What should I do?
Walter's answer
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Answered on July 26, 2012
There is no excuse at all for filing a bankruptcy petition when the client has not reviewed every page of the petition and signed multiple...
Archived
Does the bank have, under the law, a maximum amount of time not to be exceeded to foreclose on a home after bankruptcy?
Walter's answer
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Answered on July 26, 2012
You own it until someone else accepts a deed. I don't know of any state where you can force the lender (or anyone else) to take real estate off...
Archived
If borrower files ch 7 and the co-borrower does not, is the lender banned from collectiong from co-borrower until discharge
Walter's answer
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Answered on July 26, 2012
No co-debtor stay except in c. 13, and then only for consumer debts that are being repaid in full by the plan.
Archived
I just received discharge from Chapter 7 in California. My house has some equity. Is my 2nd now unsecured?
Walter's answer
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Answered on July 24, 2012
No! Your attorney should have explained to you that the liens were NOT affected by your bankruptcy. You don't have personal responsibility for the...
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