I am completing a chapter 7 soon, and my home is in foreclosure, I listed the property in the chapter 7 ,however it was suggested that if I want to challenge the foreclosure I can file a chapter 13 to dispute the secured creditors claim.
There is no easy answer to your question. It depends on many things. For instance, did you list the debt as disputed in your Chapter 7? Has a foreclosure judgment been entered? You should consult with an experienced foreclosure defense attorney.See question
My chapter 7 was dismissed for being 1 day late with docs, I filed a motion to reinstate and the clerk feels that I will have it reinstated,( it's not closed) however the hearing is 1 week after my scheduled foreclosure date. The clerk suggested ...
Although people who work in the Bankruptcy Court Clerk's offices are very nice, and my be somewhat knowledgeable, they are not lawyers and should not be giving legal advise. Even if you are successful in stopping the sale, a Chapter 7 will not help you save the property. You should hire an experienced bankruptcy/foreclosure defense lawyer to assist you.See question
I am 25 and i have 2 student loans from 2 differnt schools, one of which the school was not accredited. I would like to file for bankruptcy so that I can start with a clean slate.
The other answers are correct. You must speak with an experienced bankruptcy attorney to see if your debts can be discharged. If they cannot be discharged, you may be eligible for programs that might allow you to reduce your payments.See question
My husband and I took money out of our retirement plan to pay down credit card debt. However he has been injured and is unable to work for the next 8 months. We will need to use a good portion of that money to supplement the loss of income while ...
The prior answers are correct. In New Jersey we use the federal exemptions in bankruptcy. You should meet with an experienced bankruptcy lawyer to review your situation and apply those exemptions and whether bankruptcy, Chapter 7 or 13, is right for you.See question
I filed a chapter 7 to stop a foreclosure . I have been told that the creditor has to prove they have standing and capacity to continue the foreclosure. I have documented proof from the SEC that the securitized trust the trustee claims to represen...
You mentioned in your inquiry that there is a judgment. The bankruptcy court cannot undue a final judgment of foreclosure. Absent a judgment, the Trustee can bring an adversary proceeding to avoid the lien but Mr. Gorsky is correct, the benefit will be to his or her and the creditors benefit.See question
We provided 6 months of pay stubs and the attorney found that we have 700.00 in disposable income per month so he is saying we will not qualify for Chapter 7.
The prior answers are all correct. There is a difference between qualifying for Chapter 7 and the Chapter 7 that you otherwise qualify for being the subject of a challenge based upon bad faith. You should question the lawyer you already spoke to or speak to another lawyer who will give you an honest answer. Most bankruptcy lawyers offer a free consultation. Take advantage of that generosity.See question
I have filed an investigation for predatory lending against the Mortgage Company and plan on filing a 2nd Bankruptcy. Can I include condo association fees in which there was already a judgment finalized and entered?
I agree with the other answers. If you file a Chapter 7 bankruptcy although you may get out of the pre-petition association dues, you will still be responsible for post-petition dues. The law is somewhat different in a Chapter 13 depending on whether you reside in the unit. Both condominium issues and predatory lending issues are very complicated without a bankruptcy filing. They are more complicated in a bankruptcy. You should consult and attorney.See question
My second chapter 13 was dismissed and the judge said i can file another (very nice of him i had alot of health issues) one of the stilulations was that i have payments for 2 mons of plan and car payments in a trust acct b4 it can be accepted upo...
I too am confused about your situation. It is odd for a Judge to condition a future filing as you described. The Judge was most likely setting the conditions to reopen the case. You should discuss your situation with an experienced bankruptcy lawyer.See question
There is a reverse mortgage on the property, which is due and payable when the borrower dies. Can a specialist help me contest the complaints in the Summons letter? I only have a few more days to respond to them.
There are many issues that arise when dealing with the foreclosure of a reverse mortgage. First and most important is your relationship with the borrower. A non-borrowing spouse, for example, may have certain rights to attempt to keep the property. Heirs may be able to satisfy the debt for less than the amount owed if the property is worth less than what is due. A lawyer with skill and knowledge defending reverse mortgage foreclosures should be contacted.See question