Archived
If a loan is dismissed from a bankruptcy does a collection agency have the right to collect payment on the loan?
David's answer
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Answered on September 12, 2018
The goal in bankruptcy is to get a discharge of debts. Dismissal of a bankruptcy puts the debtor back into the same position as if the bankruptcy...
Archived
I have a hearing tomorrow for chapter 7 possible dismissal due to creditor request . I am currently in the hospital (emergency
David's answer
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Answered on September 04, 2018
Adjournment requests are routinely granted by the Bankruptcy Court. Normal procedures require the request to be made three days prior to the...
Archived
Is it best to try and negotiate debt with plaintiffs lawyer before going to court?
David's answer
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Answered on August 29, 2018
There is no harm with trying to find a consensual resolution in lieu of litigation. This is particularly true if indeed the debt is owed.
Should I answer a debt information subpoena on a charged off debt from 2005 or file a motion instead?
David's answer
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Answered on August 23, 2018
If you are being plagued by multiple debt collectors, it may be wise to have a consultation with a bankruptcy attorney. An Information Subpoena can...
Archived
NJ bankruptcy?
David's answer
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Answered on August 21, 2018
The bankruptcy case must be filed in the bankruptcy court of the federal judicial district in which the person filing the bankruptcy has his, her,...
Archived
There are currently 3 different court orders/levies on my bank account and trying to garnish my salaries. Is it too late?
David's answer
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Answered on August 14, 2018
A levy on a bank account is often the impetus to seek bankruptcy protection. An issue that commonly comes up is what happens to the money held by...
Archived
Can I refinance my mortgage while still in chapter 13 bankruptcy ?
David's answer
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Answered on August 11, 2018
Before becoming an attorney I was in the mortgage industry. We looked at each loan in terms of the three C's - Capacity, Collateral, and Credit. ...
Archived
I went bankrupt in 2011 one of the properties listed in the bankruptcy still has my name on deed , can you help me remove it ?
David's answer
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Answered on August 05, 2018
There are two fundamental parts to a mortgage loan. The first is the promissory note. The promissory note sets forth the amount borrowed and the...
Can I file a motion to vacate a dismissed bankruptcy case?
David's answer
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Answered on August 02, 2018
If indeed the bankruptcy matter was dismissed, and it is reported that way, then it is reported correctly. It is possible to vacate an order of...
Archived
I am a borrower on note of house deeded in another's' name. Lender didn't add my name to deed. Am I responsible for anything?
David's answer
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Answered on July 28, 2018
There are two fundamental parts to a mortgage loan. The first is the promissory note. The promissory note sets forth the amount borrowed and the...
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