Archived
My husband and I are on social security and owe 75,000 or more, do senior citizens file bankruptcy or consolidate?
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Answered on August 08, 2014
Yes consult with a bankruptcy attorney. A few concerns: 1. Many senior citizens have unprotected equity in their homes. 2. The student loan may...
Archived
Is it ok to sell the building to my friend before I file bankruptcy ch 7?
Thomas's answer
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Answered on August 08, 2014
STOP! If you sell it back to your friend for $200,000, you just made a gift of equity for $150,000 - we call that a preference. The trustee will...
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Archived
How should I handle private student loan lender who wants payment in full on defaulted loan I cannot pay in full?
Thomas's answer
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Answered on August 08, 2014
Assuming we could ignore the 2005 Amendments to the bk code - sec 523(a)(8)(A)(ii) & (B), which you can't - you really wouldn't need to open the...
Archived
I own my home but still paying for it. then I have over $9,340 in debit can I fill chapter 7 without lose my home
Thomas's answer
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Answered on August 07, 2014
Too little information to answer the question. However let's assume that you can protect your home in Chapter 7 because your homestead exemption...
Archived
Chapter 7 write off
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Answered on August 07, 2014
There is a case decided in Maine where the bankruptcy attorney filed a motion to force the lender to make a choice. Repossess the vehicle or turn...
After a levy and motion turnover
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Answered on August 06, 2014
Under New Jersey law, the actual date of the creditor's perfected interest relates back to the delivery of the Writ of Execution for purposes of...
Archived
If my bankruptcy is going to discharge in March. Can I add or "strip" my second mortgage?
Thomas's answer
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Answered on August 05, 2014
Whenever you start off an answer with "assuming" I think I could well you know. However here in New Jersey if you had no equity to support the...
Archived
Are tickets included in the automatic stay for chapter 7 bankruptcy?
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Answered on August 01, 2014
You need to include your "tickets" in a chapter 7 bankruptcy. I think what you are really asking however is can the fines associated with the...
Archived
I posted a question about my Chapter 13 on Friday - I do not want my case closed - I need help.
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Answered on July 30, 2014
Don't know if the second is supported by equity BUT I seem to recall a case where we took over a 13 and filed a motion in the final month of the...
Archived
I received a summon for a credit card debit that occurred in 2008. Is there anything I need to know before filing my answer?
Thomas's answer
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Answered on July 30, 2014
First check out your state's statute of limitations. Then if they have filed in a timely manner, answer and go to court. When the judge calls the...
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