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I filed for bankruptcy in NY, but student loans are still garnishing my wages. How do I get this to stop?
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Answered on February 17, 2013
Under the Bankruptcy Code, Section 362, an “Automatic Stay” takes effect the minute you file a Bankruptcy Petition. The Automatic Stay is like an...
Archived
If I file bankruptcy and surrender my house, does plan go up?
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Answered on February 15, 2013
A Chapter 13 case is only necessary for those Debtors who wish to keep their assets and in exchange, must pay their creditors a percentage of the...
Archived
What are the rules of an LLC who owns my mortgage to foreclose if it is owner occupied?
Allen's answer
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Answered on February 15, 2013
Your attorney must request the Court to allow Discovery from the current bank or servicer to determine if the entity suing you in foreclosure is in...
Archived
Are private student loans dischargeable under bankruptcy?
Allen's answer
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Answered on December 07, 2012
Under § 523(a)(8)(B) of the Bankruptcy Code student loans are non-dischargeable unless the person claiming Bankruptcy can prove “undue hardship” on...
Archived
Can a property be sold without the home owners being notified
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Answered on December 06, 2012
All foreclosure actions In New York State must be done through the NYS Courts. The process takes at least a year, sometimes two years. During...
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I AM 79 YEARS OLD AND HAVE THREE CREDIT CARDS TOTALING $25,000.
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Answered on December 04, 2012
If none of your children added their name or social security number to the credit card, then they are not liable to pay your debts. However, if...
Archived
Which court is better for fraudulent forclosure law suit in chapter 13--NYC area
Allen's answer
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Answered on December 04, 2012
It sounds like you have already litigated this issue in the State and Federal Courts. I suggest you consult with an attorney who specializes in...
Archived
I need to modify my chapter 13 bankruptcy payments to the Trustee.
Allen's answer
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Answered on December 04, 2012
You may make a motion to the Bankruptcy Court at any time during your Chapter 13 Plan to modify your Plan. If you need to lower the Plan payments...
Archived
Bankruptcy exemptions in NY
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Answered on December 04, 2012
Depending on whether you own a home, you can use the Federal “wildcard” exemption and keep up to $11,995.00 in cash. Even if you use the New York...
Archived
This is a question about bankruptcy.
Allen's answer
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Answered on May 14, 2012
I agree with Peter. Under the Bankruptcy Code, Section 362, an “Automatic Stay” takes effect the minute you file a Bankruptcy Petition. The...
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