Questions answered by Walter C Oney Jr

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If I convert from chapter 13 to chapter 7 after confirmation, do I get my payments back?

Walter's answer | Answered on July 01, 2013

Your attorney would know the answer to this question. Generally speaking, trustees disburse all funds on hand each month once a plan is confirmed,...

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If you filed chap 7 in 2005 and did not reaffirm, modified in 2010, defaulted,can you file a 13 to save home?

Walter's answer | Answered on July 01, 2013

A Supreme Court case [Johnson v. Home State Bank, 501 U.S. 78 (1991)] held that a chapter 13 debtor could cure the arrears on a mortgage loan even...

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Can I be held Liable for my someone else's personal loan debt ?

Walter's answer | Answered on June 25, 2013

The Statute of Frauds in most states includes contracts to answer for the debt of another -- guarantee contracts, in other words, must be signed by...

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If i file chapter 7 bk and my husband is not part of it can he file later on our house and car if i reaffirm now?

Walter's answer | Answered on June 25, 2013

See, I said there were many issues when just one spouse files for bankruptcy. Please do yourself a favor and hire an attorney! Advising someone...

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If married and spouse not part of chapter 7 bk do i say joint for car and home when listing? or just wife i am the one filing?

Walter's answer | Answered on June 25, 2013

I always leave that column blank, but I explain the ownership situation and how I arrived at the stated value as part of the description of the...

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Chapter 7 Bankruptcy attorney not filing case.

Walter's answer | Answered on June 24, 2013

If you have a "date for the Trustee", your case HAS been filed. I always send a letter to my clients immediately after filing their case (which I...

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I included a bank's overdrafts in my BK7. Upon discharge, same bank let me open new acct. They closed it and kept my deposit.

Walter's answer | Answered on June 22, 2013

Tell your attorney, who might advise suing the bank for violating the discharge injunction. Or not -- the law in the 9th Cir. is not favorable to...

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If i am married but my spouse is not going to be on bk ch7 i only need his income on schedule i correct?

Walter's answer | Answered on June 21, 2013

Did you read the instructions for the form? They answer this question quite clearly.

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If you file a chapter 13 does it stop foreclosure . Second, Once you file how long is it before you have to resume monthly payme

Walter's answer | Answered on June 21, 2013

Yes, filing under chapter 13 (or any chapter) will stay foreclosure proceedings. But the lender can (and usually will) seek relief from the stay to...

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A boat has been approved for abandonment by Bankruptcy trustee. How do I obtain Florida title when there is a lien holder?

Walter's answer | Answered on June 20, 2013

Abandonment simply means that your bankruptcy estate has abandoned any claim to the boat. All liens that haven't been avoided under 522(f) remain...

Walter C Oney Jr's Answers (1350)

If I convert from chapter 13 to chapter 7 after confirmation, do I get my payments back?

If you filed chap 7 in 2005 and did not reaffirm, modified in 2010, defaulted,can you file a 13 to save home?

Can I be held Liable for my someone else's personal loan debt ?

If i file chapter 7 bk and my husband is not part of it can he file later on our house and car if i reaffirm now?

If married and spouse not part of chapter 7 bk do i say joint for car and home when listing? or just wife i am the one filing?

Chapter 7 Bankruptcy attorney not filing case.

I included a bank's overdrafts in my BK7. Upon discharge, same bank let me open new acct. They closed it and kept my deposit.

If i am married but my spouse is not going to be on bk ch7 i only need his income on schedule i correct?

If you file a chapter 13 does it stop foreclosure . Second, Once you file how long is it before you have to resume monthly payme

A boat has been approved for abandonment by Bankruptcy trustee. How do I obtain Florida title when there is a lien holder?