Archived
My landlord is taking me to court for two years worth of unpaid water bills. In two years he never provided me with a bill but
Daniel's answer
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Answered on January 31, 2012
The copies of the paid bills show only that someone paid them - which could be the landlord, not you. The question is whether you can prove you...
Archived
Chapter 7 341 attended in CA. Trustee tells my atty some new developments may allow him to get to my IRA. 704 exemptions used.
Daniel's answer
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Answered on January 31, 2012
Mr. Markus is correct. No matter what state law exemptions you take, you can use 522(b)(3)(C) to exempt an IRA up to over $1 million in value. I...
Archived
Can creditors agree to subordinate claims during automatic stay?
Daniel's answer
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Answered on January 31, 2012
Subordination of your claim to another creditor does not violate the stay. But make sure you understand what you are doing - depending on the...
Archived
Can a plaintiff continue to collect after I filed bankruptcy and the plaintiff filed an adversary complaint
Daniel's answer
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Answered on January 31, 2012
I agree, as usual, with my learned colleague John Vos. The rent that accrued post-petition cannot be set off against a pre-petition debt. (If you...
Archived
My spouse and i need to file bankruptcy but can't figure out what type would be best for us to do because of our types of debts
Daniel's answer
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Answered on January 31, 2012
You have a rather complicated situation that you need to discuss with competent bankruptcy counsel. Given your income, I would suggest that you...
Archived
Can we cram down our mortgage on rental property in chapter13?
Daniel's answer
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Answered on January 30, 2012
In a 13, you can strip down the rental property mortgage to the value of the property, but you will have to pay that amount in full in your 5 year...
What will happened if the person being served the summons keeps avoiding it and his wife keeps hiding him out ? what can be done
Daniel's answer
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Answered on January 30, 2012
In addition to what the others have said, in MD it can be handed to the wife, and that is good service on the husband as long as he lives there.
Archived
Do I have any obligation to the bankruptcy court if my ex files 10 years after divorce? Is child support dismissable by Chap 13?
Daniel's answer
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Answered on January 30, 2012
The child support is not dischargeable in the chapter 13 and has to be paid in full; the property distribution claim would be dischargeable in...
Archived
Can you keep your home and vehicle in ch7?
Daniel's answer
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Answered on January 29, 2012
Whether you can keep the home typically depends on (1) whether you can stay current on the mortgage; and (2) whether there is any equity that you...
Selected as the best answer
Archived
In filing a civil suit against another person or company, do I have to state the dollar amount of damages I want?
Daniel's answer
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Answered on January 28, 2012
In Va., you must plead damages in a sum certain.
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