Archived
How soon after I file chapter 7, I can sell my personal property which are all claimed as exempt . includes: a car that I own.
Walter's answer
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Answered on July 04, 2012
Technically, even the property you have exempted remains property of the bankruptcy estate until it is formally abandoned by the trustee. When the...
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Archived
What actions should I take if I am in the middle of a bankruptcy proceeding and my lawyer is ineffective?
Walter's answer
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Answered on July 04, 2012
First of all, you need a new lawyer, and your old one needs to pay the new lawyer's fees. The question is how to accomplish that. You should plan...
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Archived
I am 30 months into my chapter 13 plan (30 to go). Have been working 2 jobs (70+hrs) for years. Any alternatives?
Walter's answer
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Answered on July 03, 2012
Section 1329 of the Bankruptcy Code allows debtors to propose an amended plan that can, in principle, carry a lower payment. The new plan still has...
Archived
Chpt 13 to Chpt 7 Bankruptcy conversion
Walter's answer
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Answered on July 03, 2012
Per section 348(d), debts incurred between the date of the petition and the date of conversion are treated as pre-petition debts. So your personal...
Archived
My chapter 13 Plan was confirmed but the IRS now wants taxes from 2011 added to the Plan. Can I amend the Plan?
Walter's answer
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Answered on July 03, 2012
First of all, your legal fees would have been priority unsecured claims and could have been paid instead of your other unsecured creditors. So you...
Archived
My chap 7 was discharged in Feb/March this year. If I get inheritance money from a foreign country, do I have to declare
Walter's answer
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Answered on July 02, 2012
Neither of my colleagues' answers is exactly right. If the decedant died before or within 180 days after the petition date, your right to inherit...
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Archived
How do I remove lien after filling chapter 13 bankruptcy on my primary residence to remove credit card liens
Walter's answer
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Answered on July 02, 2012
Your attorney should do this for you. Note that different judicial districts have VERY different procedures for accomplishing a lien avoidance....
Landlord will not refund security deposit and is in Ch 7 bankruptcy. Does automatic stay apply?
Walter's answer
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Answered on July 01, 2012
In many states (I can't speak for California), a security deposit is held in trust by the landlord for the the benefit of the tenant. If the...
Chapter 7 might get dismissed because I got a job.
Walter's answer
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Answered on July 01, 2012
I'm guessing that the "other trustee" is someone working for the U.S. Trustee's office and is asking for additional information in order to...
Archived
In Chapter 7 bankruptcy, can the trustee settle a pending lawsuit that prays for injunctive relief without addressing that issue
Walter's answer
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Answered on June 30, 2012
No trustee is going to administer a $300 asset!
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