Archived
Chapter 13 was dismissed for missing a meeting. I filed chapter 7 30 days ago can I file 13 again or convert the 7 to a 13
David's answer
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Answered on January 19, 2010
The answer depends somewhat on what the judge said when he dismissed the case and/or the law in your jurisdiction; sometimes dismissal is "with...
Archived
Amending Chapter 13 plan
David's answer
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Answered on January 19, 2010
Yes, it can be right because the value of property in a bankruptcy case is determined as of the date you filed the case. Subsequent changes in...
Archived
Can I ask for dismissal due to pmt plan is more than min pmts under cccs plan? I can afford mortgage and utilities only
David's answer
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Answered on January 19, 2010
If I understand you correctly, the chapter 7 trustee is claiming that there was a fraudulent transfer of a motor vehicle, and he wants you to agree...
Archived
What if my 2008 tax is greater than the amount on IRS proof of claim?
David's answer
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Answered on January 19, 2010
Having represented debtors in bankruptcy for about 13 years, my experience is that the IRS is usually right in its Proof of Claim. Remember that...
Archived
Considering filing chapter 13 - have about $5k in credit card debt, and owe on two cars about $65k - but want to keep both cars?
David's answer
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Answered on January 19, 2010
What you are considering is possible in chapter 13. Depending on your budget, you could keep both cars so long as you could continue to make the...
Archived
How much money can they hold out of your wages on a chapter 13
David's answer
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Answered on January 19, 2010
There's not enough information here to give you a good answer, but if you are unhappy with the way your attorney is representing you, you have the...
Archived
Can I garnish his check?
David's answer
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Answered on January 19, 2010
Probably not, because that would violate the "automatic stay" provision of the bankruptcy code, and the penalties for such a violation can be...
Archived
Do I need to refund the tenants security deposit after the foreclosure?
David's answer
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Answered on January 19, 2010
The answer would depend on your state's law, but I would expect the answer to be yes. Normally, a security deposit remains the property of the...
Archived
What determines if your house is worth more than your mortgage. I am thinking about filing chapter 13 in nys and I am wondering
David's answer
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Answered on January 19, 2010
Generally, the value a bankruptcy trustee will be interested in is the "fair market value". There are some web sites that will give you an...
Archived
In the state of Massachusetts ,Can a bill collector have me arrested? Also call my boss to tell him I will be picked up there.
David's answer
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Answered on January 19, 2010
Depending on whether you can prove the harassment and that he called your employer, you might have a case under the Massachusetts Fair Debt...
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