Archived
Do student loan payments count on the means test? I have a bunch coming due and I can only defer for so long.
Mitchell's answer
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Answered on November 08, 2010
Student loans do not count on the means test. In some places, they do not count as an expense either. They are general unsecured debt, but they are...
Archived
How to dismiss a forclosure after chap 7
Mitchell's answer
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Answered on November 08, 2010
Filing for bankruptcy protection under Chapter 7 will stop a foreclosure. It must stop immediately after filing and any action taken after the...
How long should I expect to here from the trustee after a 341 hearing?
Mitchell's answer
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Answered on November 08, 2010
Generally, the trustee and creditors have 30 days following the conclusion of the hearing to object to any exemptions (property protections). You...
Archived
My Mother filed for bankruptucy in July. Although it was discharged in November, the trustee is making a claim on my property.
Mitchell's answer
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Answered on November 08, 2010
Where I am unclear here is what you own. If you are the one contemplating bankruptcy, the fraudulent transfer has no bearing. If your mother was...
Archived
I'm a personal gaurantor on my son's business loan?
He's filing bankruptcy and has no assets. does it affect my 401k?
Mitchell's answer
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Answered on November 08, 2010
401K plans are protected by the Employee Retirement Income Security Act (ERISA). No one can touch those funds. Your insurance policy depends on...
Archived
Can you sue a creditor if they refuse to return wages garnished after chapter 7 filing?
Mitchell's answer
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Answered on November 07, 2010
If the check was from your employer or bank and made out to the creditor, then it was just being returned to you to take back to your bank or...
Archived
Chapter 7 and reaffiring my home loan- I would like to keep my home.
Mitchell's answer
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Answered on November 07, 2010
Your personal obligations to pay any mortgages were discharged. It is now too late to reaffirm even if you wanted to. If you do not have the money...
Archived
How can i remove myself as an authorized user on husbands accounts
Mitchell's answer
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Answered on November 07, 2010
His credit report should not reveal your bankruptcy. You are not liable as an authorized user. Therefore, the creditor is not a creditor of yours...
Archived
Disabled veteran with chapter 7 means test question. How does the exception work?
Mitchell's answer
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Answered on November 07, 2010
As Mr. Araujo said, the indebtedness had to occur while you were on active duty for the disabled veteran exemption to apply. Your wife will still...
Archived
How to get another car during bankruptcy.
Mitchell's answer
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Answered on November 07, 2010
There are companies out there like 722 Redemption that can help you finance a substitute vehicle if you are surrendering once in Chapter 7...
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