Archived
Lawyer won't sign reaffirmation agreement; husband filed chapter 7. How will this effect me if I want to save my home?
Walter's answer
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Answered on June 23, 2012
I wonder if you might be confusing a reaffirmation agreement (which would obligate your husband personally to continue paying the mortgage) and a...
Archived
Filed chap 7 included my traffic fines that was sent to a collection agency will I still be required to pay the fine
Walter's answer
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Answered on June 19, 2012
In general, fines are not dischargeable in chapter 7. They are dischargeable in chapter 13.
Archived
In chapter 7, do I have to file something specific to keep my house mortgage out of the bankruptcy?
Walter's answer
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Answered on June 18, 2012
The lien on your home will not be discharged no matter what you do. It is possible to "reaffirm" the promissory note, but very few bankruptcy...
Archived
Filed bankruptcy chap 7 on 03/2009, one item in coll was for an overpayment on a dis. claim. It showed a bal. $5,500.00 turned
Walter's answer
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Answered on June 18, 2012
Under the common-law doctrine of recoupment, a creditor is sometimes permitted to offset future benefits by the amount of a discharged debt. Not...
Archived
What I need to file to object to Debtor's discharge or to challenge discharge ability of certain debts?
Walter's answer
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Answered on June 18, 2012
First understand that it is not fraud to break a promise -- it's breach of contract, and it's dischargeable. Her present intention is irrelevant....
Archived
Virginia: When filing personal bankruptcy, will property owned by a corporation in which I am the sole officer be exempt?
Walter's answer
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Answered on June 17, 2012
Purely as a matter of bankruptcy law, property owned by another legal person (such as a corporation) is not part of your bankruptcy estate. Your...
Archived
Can bankrupcy take my 3 and 5 year olds personal injury settlement under Chapter 13?
Walter's answer
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Answered on June 17, 2012
Please discuss this issue with one of the excellent NACBA attorneys in your area, because the answer will depend critically on state law rather...
Archived
Can my Landlord still get rent even though she filed bankrutpcy???
Walter's answer
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Answered on June 16, 2012
Because her lender hasn't demanded that the rent be turned over -- and they won't, because they won't take on the job of maintaining the property....
Archived
Do I have to repay mortgage on gmac ally who is filing for bankruptcy I have a refinance w them about two years ago
Walter's answer
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Answered on June 16, 2012
Yes. Doesn't matter where you live. Doesn't matter when you refinanced.
But, since the refinance was within the past 3 years, you should look...
Archived
I filled bankrupcy on a credit card eight years ago and that card company bought out my current card can they transfer the amou
Walter's answer
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Answered on June 15, 2012
No, and it's most unlikely that they would try.
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