Brett D Weiss's Answers (3583)

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Chapter 7 write off

Brett's answer | Answered on August 03, 2014

No. A discharge does not release liens unless you specifically took action to avoid the lien during the bankruptcy (something that you usually...

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Can I file Chapter 7 Bankruptcy if all of my debt is Federal Tax Debt?

Brett's answer | Answered on July 31, 2014

There are five basic rules required to discharge taxes in bankruptcy: 1. The taxes can't be trust fund taxes (sales or withholding). 2. The...

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Can collection agency charge an extra 53% of my principle?

Brett's answer | Answered on July 31, 2014

Charge an extra 53% of principal for what? What do the loan documents say?

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Can I charge late fees on unpaid rent without a lease stating late fees are to be paid?

Brett's answer | Answered on July 31, 2014

Generally speaking, your rights are governed by the lease agreement. If it doesn't provide for late fees, unless state law says something...

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Can I include exhibits in my Opposition to Motion for Relief from Stay?

Brett's answer | Answered on July 31, 2014

I agree with the other attorneys' excellent answers. You may also want to consider hiring a lawyer to represent you. Don't forget--the other side...

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I filed chapter 7 in 2009 and it's discharged. Can I file chapter 11 this time to manage my still heavy debt load?

Brett's answer | Answered on July 31, 2014

A Chapter 13 might be a better option. Note that student loans are not generally dischargeable under any chapter of bankruptcy. I recommend...

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Can you foreclose on a home for unpaid HOA fees if the mortgage payment is up to date in Maryland?

Brett's answer | Answered on July 28, 2014

Yes, they can. They first must file a Notice of Lien or sue you and get a judgment for any unpaid assessments.

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My wife and i bought our home in june 2008 for $180,00 fha loan for 30 year's fixed at 7% should the payoff be $532,800.00

Brett's answer | Answered on July 28, 2014

I agree with Mr. Shiller's excellent answer. You can run the numbers yourself at a website such as...

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Can a collection agency filed a judgement on you once you already set up payment plan?

Brett's answer | Answered on July 28, 2014

The answer depends on what the terms of the agreement were. The collection agency is likely to say that they agreed to a payment plan with a...

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How can I stop, or hold off a levy on my sole proprietor business account after court judgment?

Brett's answer | Answered on July 28, 2014

Yes, they can. There are no limits--other than what you may be able to exempt under state law--as to what can be taken from your bank account on a...

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