Archived
2nd mtg included in Chapter 7 and now discharged for almost 2 years. Citi Bank is sending collection letters, is this legal?
Steven's answer
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Answered on November 11, 2013
A secured creditor retains their mortgage lien and can enforce their rights under it. As long as the communications do not threaten to try to...
Archived
If I file for chapter 7 can creditors come after me because I own a small business?
Steven's answer
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Answered on November 10, 2013
The other questions are generally correct. However, there may be debts of the business for which you are personally liable. Most business credit...
Archived
Can I file Chapter 7?
Steven's answer
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Answered on November 10, 2013
I agree with previous answers. Please note that you can discharge homeowner and common area assessments and fees due as of the date you file...
Archived
Does filing chapter 13 after filing chapter7 and receiving a discharged 7 can a second mortgage lien be erased after finishing
Steven's answer
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Answered on September 15, 2013
This is called a "strip-off". In New Jersey, the courts allow motions to strip off a junior mortgage. Indeed, the court required form Chapter 13...
Archived
Fraudulent Conveyance of real estate?
Steven's answer
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Answered on September 08, 2013
Depending on the facts, you may need to file a fraudulent transfer action in Superior Court or in the Bankruptcy Court. If the home was abandoned...
Is there any way to discharge a student loan due to extreme financial hardships? I found the following on-line w/no date.
Steven's answer
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Answered on September 05, 2013
The previous answer is correct. Discharging student loans under the extreme hardship standard requires a showing that you have no future prospects...
Archived
Do I need an attorney for a "Dismissal of Judgment"?
Steven's answer
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Answered on September 02, 2013
You do not have to reopen your bankruptcy to remove a judgment lien since you were discharged a year ago. A motion to cancel the judgment can be...
Archived
If both my first and 2nd mtg were included in chapter 7 if i walk away from home what are the legal issues i will have or isit
Steven's answer
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Answered on August 10, 2013
Walking away from a home is fraught with traps for the unwary. We do not recommend moving out sooner than you have to. There are a lot of issues....
Archived
Bankruptcy Consults
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Answered on August 06, 2013
First you should come prepared, with a list of your basic living expenses and a pretty good idea of the value of your major assets. The attorney...
Archived
My father died with an intestate and insolvent estate. i never got involved with the property after his death, and walked away
Steven's answer
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Answered on July 23, 2013
Their argument is that when your Dad died, you became the beneficial owner of the property and are enjoying the benefits of the property even...
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