Archived
If someone filed Chapter 7 before the law mandated waiting 8 years before eligibility to file again, is that someone precluded?
Theodore's answer
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Answered on April 06, 2011
While you must wait at least 8 years between filing two chapter 7 (11 USC § 727(a)(8)) bankruptcies (assuming you got your discharge) you need only...
Archived
What will happen if my brother quitclaims his interest in our house to me while I am in chapter 7? Bill collectors are after him
Theodore's answer
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Answered on April 06, 2011
That is an invalid transfer, would be void, and will not stop the collection activity against the house.
Archived
How long does it take for chapter 7 to be filed with court after lawyer has all info & paid ?
Theodore's answer
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Answered on April 06, 2011
If you have paid, provided the documents and taken the credit counselling course we would have you in the next day or when you were available. It...
Archived
Can a hospital or clinic send you to collections if you are paying a decent amount monthly?
Theodore's answer
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Answered on April 06, 2011
The first thing you need to do if and when you get sued is file an Answer. The summons will tell you that you must “appear” by way of an Answer in...
Archived
I filed bankrupcy 3 years ago Chapter 7 as I was told I could keep my house since it was upside down on the loans.
Theodore's answer
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Answered on April 06, 2011
If you did not reaffirm the debt then the bank can foreclose, even if you are current with your payments and they cannot reaffirm the loan. You...
Archived
What type of lawyer should I get?
Theodore's answer
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Answered on April 06, 2011
The bank cannot but the bankruptcy trustee may be able to. Talk to the bankruptcy lawyer.
Archived
I was negoitating with Chase Bank for a loan modifacation. I then filed Chap 7 BK and the modification was then forwarded
Theodore's answer
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Answered on April 06, 2011
I have successfully completed modifications in 13's but never a chapter 7.
Archived
What to do with a 1099A form
Theodore's answer
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Answered on April 06, 2011
When your debt is reduced or eliminated, even if the debt was “forgiven” or excused involuntarily, as through a foreclosure, you normally will...
Archived
Legal question about Robert James and Associates, Buffalo, NY.
Theodore's answer
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Answered on April 06, 2011
Contacts with third parties (someone other then you) are controlled by the following statute. FDCPA §804(3) says: A debt collector shall not...
Archived
Would a chapter 13 bankruptcy be considered a hardship when submiting it to a bank in order to short sale our home.
Theodore's answer
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Answered on April 06, 2011
You have to talk to your attorney to determine if you can convert. I do not think short sale is the way to go. Just surrender the home if you...
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