Archived
Is it possible to add a creditor to a Chapter 7 bankruptcy after the discharge was entered by amending the schedules?
Robert's answer
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Answered on March 20, 2013
There is probably no need to amend your schedules and add the creditor, as the original creditor received notice when you had filed the case. Since...
Archived
Creditor listed in Chapter 7, wages garnished for furniture creditor would not accept? What are my options?
Robert's answer
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Answered on March 20, 2013
Your question is unclear. The Creditor would be in violation of the discharge for garnishment on a pre-petition debt, assuming you did NOT reaffirm...
Archived
How long does a mortgage company have to get reaffirmation forms to you after you file chap 7?
Robert's answer
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Answered on March 19, 2013
There is absolutely no need to reaffirm the mortgage. As long as you are timely with your monthly payments the lender will not foreclose. Many...
Archived
I have student loans in the amount of 35,000 they are 16 years old and i have been diagnosed with terminal cancer, can I dismiss
Robert's answer
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Answered on March 19, 2013
Mr Salanick is correct. In order for you to discharge your student loan debt, you must file an adversary proceeding and be able to set out the...
Archived
Am I able to file an amended Schedule or Statement of Financial Affairs after filing a Chapter 7 Voluntary Petition?
Robert's answer
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Answered on March 19, 2013
Usually you would file an amended schedule, plus and local rule affidavits/forms, as opposed to refiling the entire petition and schedules. As my...
Archived
Can a payment made to my niece, as described in Statement of Financial Affairs section 3(c), be claimed as an exemption?
Robert's answer
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Answered on March 19, 2013
You cannot claim an exemption in this case, as you no longer possess the cash and the transaction was completed. The trustee will demand $ from...
Archived
Can I reaffirm mortgage after discharge and if so would that start my discharge date over as if its a new case?
Robert's answer
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Answered on March 19, 2013
You can only reaffirm a debt while your BK case is still open or by making a motion to reopen the case. There is no real reason to reaffirm and...
Archived
IN CHAPTER 7 BANKRUPTCY FILING AND CHECKING ACCOUNT BALANCES...
Robert's answer
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Answered on March 19, 2013
Please consult with a local BK attorney to go through your assets and verify which exemptions would make the most sense to claim in your case....
Archived
Received Chapter 7 bankruptcy discharged. Surrendered timeshare. They are still saying that I owe maintenance/iOS type fees.
Robert's answer
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Answered on March 19, 2013
Post Petition HOA fees accruing after the filing of your BK are non-dischargeable 11 usc 523(a)(16). You are required to pay these fees until...
Archived
Chapter 7. Where would I list the court for a pending debt collection suit filed by a secured creditor?
Robert's answer
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Answered on March 19, 2013
The court is not a 'creditor' but can be noticed under 'additional notices'. It should also be listed on the Stmt of Fin. Affairs if the case has...
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