Archived
My husband was court ordered to pay a credit card debt that I am primary on in our divorce-all debt is his-he is filing bankrup
Walter's answer
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Answered on March 28, 2012
Further to what Attorney Adams has said: your husband's obligation to hold you harmless as to this debt will not be discharged in Chapter 7, but...
Can I plead the fifth amendment while under oath regarding an old credit card debt?
Walter's answer
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Answered on March 28, 2012
I assume you mean your fifth amendment privilege against self-incrimination. The short answer is that you cannot be compelled to testify against...
Archived
Should I list our home exempt, if there is no equity?
Walter's answer
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Answered on March 28, 2012
(b)(2) is the so-called federal bankruptcy exemptions -- the ones contained in 522(d). (b)(3) is your state exemptions plus federal non-bankruptcy...
Archived
I am separated from my wife and she took out a credit card in my name. Is that legal?
Walter's answer
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Answered on March 27, 2012
Even if you weren't separated, it's not legal for one person to sign an application for a credit card on behalf of another person with being...
Archived
Being sued by a x employee for overtime wages, I have just filed BK, can they still go after the business, deposition requested?
Walter's answer
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Answered on March 27, 2012
Trust your lawyer. Delay is often a good litigation tactic for someone defending a lawsuit. But to answer the question you may be trying to ask,...
Archived
I have not made a house payment in over a year, cause of a chapter 7 bankruptcy.
Walter's answer
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Answered on March 27, 2012
If you wanted to get out of owning the house, that sounds like a good deal -- free rent for a year. If you wanted to keep the house, you need to...
Archived
Is it normal for a bankruptcy lawyer to take over a month after signing a petition to file it?
Walter's answer
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Answered on March 27, 2012
Since a bankruptcy petition has to accurate when filed, I **ALWAYS** file the same day my client reviews and signs the petition. Call the U.S....
Archived
We filed for Chapter 7 and did not sign the reaffirmation aggreement on our first and second mortgage. We recd discharge in Oct
Walter's answer
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Answered on March 27, 2012
I advise my clients nowadays to do a short sale if they want to leave the property right away, inasmuch as there's no way to force a lender to...
Archived
How do I handle a complicated BK real estate repercussion
Walter's answer
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Answered on March 27, 2012
You're mixing and matching several concepts here. The TRUSTEE abandoned your home as an asset by operation of law when the case closed. You are...
Archived
Should I file for bankruptcy?
Walter's answer
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Answered on March 27, 2012
The bank was not a party to the divorce and is therefore not bound by the decree. You're still liable on the boat loan. Bankruptcy would probably...
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