Archived
Can my car be "repo"ed even though the full loan balance was charged off by lender when my Chapter 7 was discharged?
Brian's answer
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Answered on June 26, 2014
Your personal responsibility to repay the loan has been eliminated by the bankruptcy discharge. However, the lender still has a lien on the car. ...
Archived
If a plaintiff states a lawsuit was for debt collection after a Chapter 7 discharge, can they be sued?
Brian's answer
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Answered on June 26, 2014
If this debt was incurred before you filed for bankruptcy, the creditor cannot seek to collect that debt from you personally. However, it sounds...
Archived
Hi,
I had a creditor judgement vacated 5 years ago and now they have frozen my bank account again with the same index #?
Brian's answer
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Answered on June 25, 2014
Was the judgment actually vacated? It doesn't sound like it. If your account is frozen, the creditor likely still has a valid judgment against...
Archived
If my Chapter 13 bankruptcy case is dismissed because of one month's missed payment, can I sell my home, or would I need to wait
Brian's answer
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Answered on June 25, 2014
If you allow the case to be dismissed, you may buy or sell any asset you choose including the home. Depending on how much debt you have, it may...
Archived
Threatened with a warrant for an online payday loan in Missouri
Brian's answer
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Answered on June 25, 2014
These people are the crooks. They should be thrown in jail. This is a civil matter, not a criminal matter. You cannot be charged with a crime...
Archived
If I have filed a Chapter 7 bankruptcy, and before the Trustee meeting, I learn of a post petition debt ...
Brian's answer
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Answered on June 25, 2014
You may attempt to convert to Chapter 13 by filing a motion with the court. You may also get the Chapter 7 dismissed and refile at some point in...
Is planning to commit a crime an actual crime?
Brian's answer
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Answered on June 25, 2014
Planning a crime is not necessarily a criminal act. However, where you take certain steps or act in concert with another, you may commit...
Archived
When a bankruptcy case is dismissed what happens to a pre-petition judgment?
Brian's answer
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Answered on June 25, 2014
If a bankruptcy is dismissed without a discharge of debts, the pre-petition judgment is still valid. The creditor could continue to pursue...
Archived
Ex wife suing me for $ post divorce. $ is not part of any settlement/judgment . I Need to file bankruptcy. Can I file now?
Brian's answer
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Answered on June 25, 2014
If this is an unpaid unsecured loan, it may be dischargeable in bankruptcy. Until her motion is decided, you really don't have any clarity as to...
Archived
I am thinking of filing chapter 7 but I owe only one company money but it is a large amount for an old credit card.
Brian's answer
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Answered on June 25, 2014
Depending on when the judgment was file, you may be able to file a motion to vacate the judgment. If too much time has passed, you may file a...
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