Archived
Did not reaffirm mortgage when filed Chapter 7 in 2008. Concerned about current HELOC and need advice on how to handle this.
Walter's answer
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Answered on June 04, 2012
There is currently a split of authority between judicial circuits as to whether creditors who were never notified about a bankruptcy have their...
Archived
If your final discharge is pending, do you risk dismissal of the case if you apply for further credit?
Walter's answer
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Answered on June 03, 2012
In a chapter 7 case, there are no restrictions on applying for new credit -- if the creditor will have you. But think about how inability to manage...
Archived
Can I get out of a creditors court date that I was summons to? I am filing bankrupsty and could deal with them on that court day
Walter's answer
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Answered on June 02, 2012
This depends greatly on local practice, so you would need to ask a local attorney if you really want to know the answer. Where I practice,...
Archived
I paid a lawyer to file Chapter 7, I did not qualify. Do I get some of that money back?
Walter's answer
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Answered on June 02, 2012
It depends on your agreement with the lawyer. The lawyer may have done significant work to determine that there was a presumption of abuse and that...
Archived
Its been over a year since I filed bankruptcy and Bank of America is still hasn't auction off my home.
Walter's answer
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Answered on June 02, 2012
In most states (I can't speak for Arizona), you can't force a secured creditor to accept title to the collateral. You are the owner until someone...
Archived
Is it legal for the state to take money from a co-signer if they are taking money from the primary borrower too?
Walter's answer
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Answered on June 02, 2012
I disagree that co-signing makes both people jointly liable. But the co-signer IS obligated to pay if the primary obligor does not. So, as soon as...
Archived
I am behind on my mortage and my Heloc. The Heloc was charged off does the bank reliquish it's right to sieze the property.
Walter's answer
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Answered on June 02, 2012
While New York law could be different than the law generally applicable throughout the country, the HELOC remains a lien on the property until the...
Archived
Bankruptcy central dist of CA local rules question. Ch7 dismissed 4 lack of B23 filing. Want to reopen. Can I use old certicate?
Walter's answer
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Answered on June 01, 2012
The legal requirement for discharge is that you complete the course after filing the petition, which you did. Filing the certificate is purely an...
Archived
If I appeal my IRS Levy will it buy me time while I decide on my bankruptcy options?
Walter's answer
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Answered on June 01, 2012
What exactly are you hoping the bankruptcy will accomplish?
Archived
Can I file for chapter 7 Bankruptcy, even though I'm current on my bills?
Walter's answer
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Answered on June 01, 2012
The important question is how much you've been spending to pay your unsecured long-term debt, such as credit cards. If you can afford to spend $200...
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