Can the BK Trustee prevent me from voluntarily dismissing my chapter 7 case shortly after the 341 meeting but before a discharge
Brian's answer
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Answered on June 19, 2014
You are free to file a motion to dismiss the case. However, since there are assets at issue, it is likely that the trustee will oppose your...
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Can I convert my chapter 13 to 7 & hire a new lawyer??
Brian's answer
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Answered on June 19, 2014
You always have the right to hire a new attorney. However, I would have a long discussion with that attorney before converting to a different...
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Can a company call u stating you will be arrested that day if u do not settle into a payment agreement on paying a payday loan
Brian's answer
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Answered on June 19, 2014
My colleagues are correct in bringing up the possibility of FDCPA violations. This matter is civil, not criminal. You cannot be arrested for...
Archived
What happens if the court destroys a 341 meeting
Brian's answer
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Answered on June 19, 2014
If the audio has been destroyed, there is probably no alternate way to obtain a transcript. However, the meeting still happened. The trustee was...
Archived
Can a payday loan debt collector sue for criminal and civil charges due to unpaid payday loan and also take your drivers license
Brian's answer
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Answered on June 18, 2014
These payday loan operations are filled with bunches of lowlifes. The creditor may sue your mother in an attempt to obtain a judgment against her...
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I am being garnished for $130,000 private student loans. I am moving in with my boyfriend and we plan to get married one day.
Brian's answer
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Answered on June 18, 2014
Private student loans can be most onerous. Payment terms are generally much less flexible than federal loans. The good news is that your troubles...
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I have a home equity loan out and still owe 57k. My ex has the house and I have my business. Ifor I bankrupt, what happens.
Brian's answer
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Answered on June 18, 2014
I cannot be sure if you would qualify for bankruptcy or what chapter you might file. Does your business or some other asset have significant...
If I file for chapter 7 will that eliminate the loan I have on my life insurance policy without voiding the policy?
Brian's answer
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Answered on June 18, 2014
You have essentially borrowed against your own funds. A bankruptcy filing will not eliminate this loan. In fact, if you fail to pay this loan...
I was served papers by a payday loan company. If found gulity, what can happen? Is jail possible?
Brian's answer
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Answered on June 18, 2014
These payday loans are the worst. With that said, if you owe money to this company, the company can sue you and obtain a judgment against you. ...
Archived
The "secured loan" for my vehicle is actually a personal loan ~ will this cause trouble in my bankruptcy case?
Brian's answer
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Answered on June 18, 2014
There are 2 parts to this story. First, you owe an unsecured debt to your godmother. I assume she does not have a lien on the vehicle. Second,...
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