Questions answered by Mitchell Paul Goldstein

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How can i get a license if mine are no longer suspended but have to pay reinstatement fee can i file bankrupt

Mitchell's answer | Answered on July 17, 2011

The stay still applies. Check with a local attorney. You may be able to get your license back when you file regardless of whether the debt can be...

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Can a bank hold a title of a truck,after you have paid it off with the late charges also, becaused of a checking account they

Mitchell's answer | Answered on July 17, 2011

Banks do not typically have cross-collateralization clauses, credit unions do. These clauses make all property that you finance from the lender...

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I do not want to keep my home. What is my best course of action in a chapter 13

Mitchell's answer | Answered on July 17, 2011

I am not sure that I can add to Mr. Roberts' answer, but I am a lawyer and it is hard to resist. One thing he did not mention is whether the...

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Would filing chapter 7 after sheriffs sale stop the lender from issuing phantom income? How soon should we file?

Mitchell's answer | Answered on July 17, 2011

If the deficiency is forgiven, then there is imputed (phantom) income. I also responded to this question and will not repeat it here.

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Does chapter 7 eliminate phantom income for income tax and possibility of deficiency judgment on rental home?

Mitchell's answer | Answered on July 17, 2011

The only tax consequence in bankruptcy is a possible capital gains tax. There are not taxes for the imputed (phantom) income from the...

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We had to file bankruptcy a year ago, could I or we lose any inheritance due to this bankruptcy from our Ins. policies?

Mitchell's answer | Answered on July 17, 2011

What chapter did you file? For Chapter 7, if you inherit more than 180 days after filing, then there is no issue. For Chapter 13, there could be....

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What do I do with a disabled vehicle that creditor won't advise?

Mitchell's answer | Answered on July 17, 2011

You can NOT follow that advice. The vehicle has a lien so you cannot donate it and charities will not take it because of the lien. I answered this...

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How to get rid of a disabled vehicle that was surrendered on chapter 7?

Mitchell's answer | Answered on July 17, 2011

There is a case, though it is in a different part of the country, where the court held that the failure to either repossess the vehicle or...

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Paid $2500 for a chapter 7 bankruptcy in April 2008. Attorney never filed case.

Mitchell's answer | Answered on July 17, 2011

You need a complete review of this case. The amount of equity is based on when you filed the 13. If that amount of equity was paid out during the...

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Chapter 13 - Can I strip lien and reduce secured debt simultaneously?

Mitchell's answer | Answered on July 17, 2011

My colleagues tell me that California courts consider the debt unsecured whether it is stripped or not. For the side question, reaffirming a...

Mitchell Paul Goldstein's Answers (7185)

How can i get a license if mine are no longer suspended but have to pay reinstatement fee can i file bankrupt

Can a bank hold a title of a truck,after you have paid it off with the late charges also, becaused of a checking account they

I do not want to keep my home. What is my best course of action in a chapter 13

Would filing chapter 7 after sheriffs sale stop the lender from issuing phantom income? How soon should we file?

Does chapter 7 eliminate phantom income for income tax and possibility of deficiency judgment on rental home?

We had to file bankruptcy a year ago, could I or we lose any inheritance due to this bankruptcy from our Ins. policies?

What do I do with a disabled vehicle that creditor won't advise?

How to get rid of a disabled vehicle that was surrendered on chapter 7?

Paid $2500 for a chapter 7 bankruptcy in April 2008. Attorney never filed case.

Chapter 13 - Can I strip lien and reduce secured debt simultaneously?