Archived
How does Lien stripping work? I took out a loan using my house as collateral (which has lost value and has very little equity).
Daniel's answer
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Answered on January 03, 2011
Lien stripping basically allows you, in a Chapter 13 (or 11 or 12) to reduce the amount of a lien down to the value of the collateral. If there is...
Archived
I am in a forbearance with my 1st mortgage, can i still file chapter 13 and stop any foreclosure since i dont have the cure amt.
Daniel's answer
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Answered on January 03, 2011
If you are $5K negative for both mortgages, you probably can't strip your second mortgage, but you can certainly file a Chapter 13 to enable you to...
Archived
Who pays the property taxes and condo fees following Chapter 7 bankruptcy?
Daniel's answer
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Answered on January 02, 2011
You are liable for the condo fees from when you filed the bankruptcy until the property is foreclosed on. Technically, you are liable for the real...
Would I lose my home and pets if I file bankruptcy in Maryland?
Daniel's answer
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Answered on January 01, 2011
Here's the problem with Avvo - you have 4 answers so far, all from lawyers not practicing in Md., who therefore have no idea about what you can and...
Archived
Bankruptcy Question - I have approximately $115k in credit card debt and most of the credit cards are in my name alone.
Daniel's answer
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Answered on December 31, 2010
It is highly likely that both will be closed.
It may be possible to preserve the line of credit in your wife's name if she does not file and if...
What affect does bankruptcy have on a deed in trust? Can an 11 or 12 rewrite its terms?
Daniel's answer
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Answered on December 29, 2010
A Chapter 11 or 12 can modify the terms of a deed of trust, provided the treatment is consistent with the requirements for confirmation (fair and...
Archived
Does anyone know about lien avoidance in California chapter 7. Have been reading about it am confused as it relates to exemption
Daniel's answer
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Answered on December 29, 2010
You need to claim at least a nominal exemption under either exemption scheme as long as it validly can be claimed on that sort of property. Then...
Archived
For VA chapter 7 exemptions, I know I can keep $5000 worth of furniture but I read I can choose to keep $5000 more of a category
Daniel's answer
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Answered on December 29, 2010
In Virginia, you can exempt $5000 worth of household goods and $1000 of wearing apparel. In addition, there is a "homestead" exemption of $5000...
Archived
Will my life insurance account be liquidated or be considered an asset in Chapter 13 or 7 or will it be protected?
Daniel's answer
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Answered on December 29, 2010
If you are subject to Virginia exemptions (i.e., if you have lived in Va. for at least 2 years), you will not be able to claim the full life...
Archived
Will my 2008 and 2009 taxes (filed in 2009 and 2010, respectively) be discharged in a Chapter 13 or Chapter 7?
Daniel's answer
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Answered on December 29, 2010
The first requirement to discharge taxes is that the due date be at least 3 years before the bankruptcy filing. That is not met, so these taxes...
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