Archived
Do I need a lawyer to declare Chapter 7 Bankruptcy in Texas? Can I keep my house if I do declare Chapter 7 Bankruptcy?
David's answer
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Answered on January 19, 2010
You are not required to have a lawyer to file a bankruptcy case, but it is a bad idea to try to do it yourself. Bankruptcy is a complex area of...
Archived
Can we appeal a decision to raise our monthly payments in a chapter 13 bankruptcy case ?
David's answer
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Answered on January 19, 2010
You can appeal, but you would have to file a Notice of Appeal within 10 days (usually) of the judge's decision. Note, however, that it is...
Archived
My wife and I filed Chapter 13 and I made payments as per the plan for 3 years. Since being on the plan my wife past away and I
David's answer
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Answered on January 19, 2010
Condolences on your wife's passing away. If you lost your job, you should consider converting your case to chapter 7. Although there is a small...
Archived
Chapter 13 dismiss because the plan isn't feasable
David's answer
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Answered on January 19, 2010
"Not feasible" usually means that the documents on file in the bankruptcy court do not show that you have enough income to make the monthly payment...
Archived
My ex-wife (Divorce was final about 6 months ago) has filed a Chapter 13 bankruptcy… We share 2 loans and a vehicle lease.
David's answer
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Answered on January 19, 2010
You are protected from creditors on JOINT debts while the chapter 13 case is active unless the bankruptcy judge permits the creditor to come after...
Archived
Can an individual who filed Chapter 13 bankruptcy, prior to law change- 2005 seek to collect indiv. debt purposely omitted in fi
David's answer
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Answered on January 19, 2010
I believe that the legal principle you are asking about is called "judicial estoppel". The omission of a legal claim as an asset in a bankruptcy...
Archived
If we filed Chapter 13 to save our home - Can we still do a Loan Modification with our mortgage to lower the house payements
David's answer
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Answered on January 19, 2010
There is no reason why you can't seek a mortgage modification while in chapter 13. Some banks say they won't talk to you while the bankruptcy case...
Archived
Trustee wants to convert from Chapter 13 to Chapter 7. Wants to use equity in my house,that I own free & clear. Can I lose house
David's answer
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Answered on January 19, 2010
Technically, the trustee doesn't REALLY want to convert the case to chapter 7, the trustee just wants you to get caught up on your payments to the...
Archived
I filed chapter 13 bankruptcy in 2007 , i lost all income can i file chapter 7
David's answer
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Answered on January 19, 2010
Were you "discharged" or "dismissed"? If you received a discharge in chapter 13, you can't get another discharge for a few more years. If your...
Archived
Recently unemployed(over a month).How long do I need to be unemployed to claim Chapter 7?Prior could only claim chapter 13
David's answer
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Answered on January 19, 2010
You do not need to be unemployed to file a bankruptcy case. I suspect you are asking about the "means test", which requires that you disclose your...
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