Walter C Oney Jr's Answers (1350)

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Can we walk away from our current home & buy a new / larger home after filing chapter 7 in 2009? Current home was not reafirmed.

Walter's answer | Answered on April 19, 2012

Your bankruptcy probably discharged your obligation on your mortgage loan, but you will want to ask your bankruptcy attorney before jumping off the...

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How do I file an amendment to remove a sallie mae student loan?

Walter's answer | Answered on April 19, 2012

Even though you were just a co-signer, you can only discharge a student loan if repayment would cause you "undue hardship." Unfortunately, the...

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If I file a chapter 13 do I have to list all my debts or just the secured ones like my two mortgages?

Walter's answer | Answered on April 18, 2012

You must list ALL your debts on your schedules. You really will need the help of an attorney to do a chapter 13 case. Depending on how much of your...

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Is there a statute of limitations on how long a trustee can hold open a bankruptcy?

Walter's answer | Answered on April 18, 2012

No statute of limitations. Judges will sometimes order trustees to show cause why estates are still open, but pendancy of a lawsuit is a good...

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Is it ok to contact the trustee myself to get information if my attorney isn't responding?

Walter's answer | Answered on April 18, 2012

I'm curious how you found your attorney. My strong impression is that people hire the loudest or the cheapest because they believe bankruptcy is...

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Chapter 13 questions

Walter's answer | Answered on April 18, 2012

I really wish I understood what people mean when they say "file bankruptcy on" something. When you file a bankruptcy case, you list everything you...

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Should we be worried?

Walter's answer | Answered on April 18, 2012

Believe Atty Ashman. This is serious, and your Mom needs to defend the lawsuit or file for bankruptcy. If she's really poor, she should talk to...

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Can I file bankruptcy on students loans?

Walter's answer | Answered on April 18, 2012

I have litigated a number of student loan discharge cases, and I agree that discharge is very unlikely unless you are permanently and totally...

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We filed for Ch. 13 last yr. , it was dismissed in Nov. 2011. We missed a hearing due to health. We refiled Dec. 30, , only a

Walter's answer | Answered on April 18, 2012

Chapter 7 debtors typically lack standing to oppose a motion for relief from stay. That right belongs to the trustee, who technically owns your...

Archived

I filed Chapter 13 in Sept. and included my house. I can't afford the house anymore. Can I let the house go back to the bank.

Walter's answer | Answered on April 18, 2012

You would certainly need to amend your plan. But converting to chapter 7 might make better sense. Your attorney is the person to ask about all of...

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