Archived
Should i call the litigation manager of a company i owe to try to settle a debt ? They said they are going to take me to court.
Mitchell's answer
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Answered on November 04, 2011
Follow Mr. Stempler's advice. You seem to be collection proof. With nothing to take, they may accept less. They may also wait too long and give you...
Settlement on a post bankruptcy 2nd mortgage
Mitchell's answer
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Answered on November 04, 2011
I disagree with Mr. Basmaji. They cannot reobligate you on a discharged debt. They cannot even collect on it. However, they can exercise their...
Archived
I filed chapter 13 in indiana and a creditor froma finance company is disputeing for 174.00 on furniture i financed through them
Mitchell's answer
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Answered on November 04, 2011
There is no reaffirmation in a Chapter 13 case or intentions. If you want to keep the property and they can prove that it is secured, you must pay...
I have just received a letter from Hyat Hayt and Landau LLC
Mitchell's answer
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Answered on November 04, 2011
Dispute Dispute Dispute. Make then show that the debt is valid, collectible and in their possession. Then, IF they can prove it all, settle for...
Archived
My husband filed ch 13 in august was confirmed in oct and got laid off yesterday... Are we allowed to withdraw his 401k?
Mitchell's answer
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Answered on November 04, 2011
He need to talk to his attorney. If the reason he filed for Chapter 13 was income only, then he may be able to convert. If the reason was something...
Archived
Payday loan threats
Mitchell's answer
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Answered on November 04, 2011
I doubt they are even in the U.S. If they come here to sue you, get a lawyer and counter sue. Many of these outfits violate state law regularly. If...
Can I keep my motorcycle that is paid in full and is worth $1,900 if I file chapter 7?
Mitchell's answer
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Answered on November 04, 2011
It depends on what else you own and state exemption laws.
Initial Disclosures in Adversary Proceeding
Mitchell's answer
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Answered on November 04, 2011
Usually, the 26(f) conference comes before the pretrial conference. In bankruptcy court, it typically happens at the pretrial conference. Your...
Archived
What can we do to get our name off of the title?
Mitchell's answer
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Answered on November 04, 2011
You already asked this question. See my prior answer. There is nothing you can do if the bank won't foreclose. You can try a suit in bankruptcy...
Archived
Who is responsible for the car once it is repo'ed?
Mitchell's answer
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Answered on November 04, 2011
You asked this already. See my prior answer.
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