Archived
If only my husband files for ch7 in the state of VA, is our home (owned jointly- I am not filing) safe? we were assured so...
Daniel's answer
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Answered on February 05, 2010
It's not a statute, it's tenancy by the entireties under the common law in Va. that protects property held in that manner. Your lawyer will need...
Archived
Can a bank go after person's savings and assets if he forecloses in virginia
Daniel's answer
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Answered on February 04, 2010
Foreclosures in Va. are always non-judicial unless there is some serious defect in the documents. Either way, a mortgagee is entitled to seek a...
Archived
Both 1st & 2nd mortgages were discharged, can I surrender the house?
Daniel's answer
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Answered on February 02, 2010
Mr. Wilson's answer is 100% correct, as usual. But let me add one other possibility that you may not have considered: you may be able to file a...
Archived
Are you required to notify the bankruptcy court about getting a new job? How can you avoid any negative financial impact?
Daniel's answer
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Answered on February 02, 2010
If you are in a Chapter 7, losing a job and getting a new one don't matter much, unless there were objections to your eligibility for Chapter 7...
Archived
I got a divorce and my husband fought for the house, heading to foreclosure do I file for bankruptsy now or after?
Daniel's answer
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Answered on January 30, 2010
Mr. Lyons Araujo is not licensed to practice in Virginia, and is giving misleading advice. There is no "judgment of foreclosure" in Virginia. The...
Archived
I'm being taken to court for an old credit card. Is there any way to avoida judgement.i have no money or job. i collect tanf.
Daniel's answer
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Answered on January 28, 2010
I have to disagree with Mr. Lyons Araujo on what to do when sued in Virginia. Mr. Lyons Araujo is not licensed to practice in Virginia, and while...
Archived
How can I protect my tax refund from bankruptcy?
Daniel's answer
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Answered on January 27, 2010
You can file bankruptcy where you principally reside (Va.), where you are domiciled (permanent residence), where your principal assets are located...
Archived
Forclosre to begin Feb. 17 do I still have time to file for chapter 13. what if I am married?
Daniel's answer
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Answered on January 27, 2010
There is plenty of time to get a Chapter 13 case ready before 2/17, but you need to act quickly to find counsel and provide the necessary...
Do i owe taxes on 1099 C from a chapter 13 plan
Daniel's answer
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Answered on January 27, 2010
To supplement what Mr. Lyons Araujo said, it is not only insolvency that renders the cancellation of indebtedness income shown on the 1099-C...
Archived
If two unmarried people own a home togather (with a 1st and 2nd mortgage) & one person files for bankruptcy, what happens?
Daniel's answer
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Answered on January 26, 2010
With regard to the law of DC (where I practice), the matter is certainly not as clear as Mr. Lyons Araujo would make it sound. In fact, a...
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