Archived
In new jersey, How many years do you have to wait to own anything after filing chapt. 7 . friend now is Chpt. 7.
Mitchell's answer
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Answered on November 26, 2010
In Chapter 7, you do NOT need court permission to purchase anything. However, expect to pay a very high interest rate. You will own the vehicle....
Archived
Tenant filed for Ch 13 and landlord trying to settle pre/post petition debt
Mitchell's answer
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Answered on November 26, 2010
I do not see a court approving this language. You are trying to get relief from the automatic stay through the plan if a payment is missed. The...
Archived
Chapter 13 Bankruptcy: Co-Signer protection?
Mitchell's answer
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Answered on November 26, 2010
First find out if you became a co-signer or an authorized user. As an authorized user, she would have no protection and the debt would be hers...
Archived
What happens to tenants if I surrender my rental property in Chapter 7 bankruptcy?
Mitchell's answer
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Answered on November 26, 2010
If there is equity, the trustee might explore selling the property. If not, the trustee will likely abandon it rather than incur any...
Archived
What should the landlord do if tenant files for bankruptcy and automatic stay is in effect?
Mitchell's answer
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Answered on November 26, 2010
The tenant is responsible for post-petition rent. Seek the advice of counsel to file a motion to lift the stay and proceed against the tenant for...
Archived
Ch. 7 ? uncle has cc debt cant pay-income only ss and small ira---but has rather small savings acct. which along with ss he live
Mitchell's answer
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Answered on November 26, 2010
I am wondering he would want to file. The Social Security money is protected by federal law. He needs to keep it in a separate account away from...
Archived
My 1st Mortgage is 475K, 2nd is 250K, house value 556K Can Lien Stripping be used on 2nd? Can't afford 2nd any longer.
Mitchell's answer
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Answered on November 26, 2010
If the house is your primary residence, then you cannot strip the second. The house must be worth less than the payoff on the first for that to be...
Selling a paid off car in chapter 13?
Mitchell's answer
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Answered on November 26, 2010
It depends on the type of plan your jurisdiction has. One type revests the property in you upon confirmation and the other does not. If the...
Archived
I have untill 2012 untill my chapter 7 bankruptcy clears my record im having financial problems can i do chapter 7 again and whe
Mitchell's answer
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Answered on November 26, 2010
Generally Chapter 7 bankruptcy filings stay on your credit report for up to 10 years. However, you must wait only 8 years from the prior Chapter 7...
Archived
Is there a time frame in MD that a creditor has to pick up a surrendered trailer?
Mitchell's answer
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Answered on November 26, 2010
The trailer belongs to you until someone else legally takes it. The bankruptcy trustee will only take it if there is significant unprotected...
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