Archived
Our 1st mortgage shows as discharged on our Chapter 7 BK & our 2nd still shows a balance due. What do we do?
Mitchell's answer
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Answered on October 15, 2010
Credit bureaus get their information from the public record and reports from creditors. If there is an error dispute it.
[This communication is...
Chapter 7 341 meeting and IRA withdrawl
Mitchell's answer
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Answered on October 15, 2010
IRAs are protected in most states. If it is protected from creditors in your state, then you can withdraw at any time. It is always best to wait...
Archived
Our 1rst mortgage shows as discharged in our chap 7 bankruptcy on our credit reports. Shows no balance due. What does that mean?
Mitchell's answer
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Answered on October 15, 2010
The mortgage and HELOC were discharged unless you signed a reaffirmation agreement. The creditor can report those debts as current (that helps...
Archived
My bankruptcy attorney's paralegal is making a big deal over an e-trade account I have that used to have a value of $60,000
Mitchell's answer
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Answered on October 15, 2010
The question is what happened to the money. If you paid back relatives, you might have a problem. If you hid the assets, you will have a problem....
Archived
I am about to file a Chapter 7 bankruptcy and I am thinking of postponing because of bad advice about gambling
Mitchell's answer
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Answered on October 15, 2010
You might have a taxable gain. Talk to a tax attorney because new rules affect your ability to deduct loses from gains. However, that has no...
Can bank transfer or sell mortgage during bankruptcy process.
Mitchell's answer
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Answered on October 15, 2010
Yes. Selling the debt is not prohibited Collecting on it is.
[This communication is intended as general information and not specific legal...
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Archived
If I filed a chapter 13 which has not been confirmed can i drop out.
Mitchell's answer
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Answered on October 15, 2010
You have a right to dismiss at any time. If you dismiss when a Motion for Relief from Stay is pending, you cannot file for another 180 days after...
Archived
Can a 2nd mortgage be stripped in a Chapter 7?
Mitchell's answer
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Answered on October 15, 2010
The 4th and 6th Circuits have said no. The Bankruptcy Appellate Panel in the 9th said no. You live in the 9th.
[This communication is intended...
Archived
HOA Fees owed following Bankruptcy?
Mitchell's answer
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Answered on October 15, 2010
Post-petition HOA fees are not discharged. You are responsible until ownership changes hands.
[This communication is intended as general...
Chapter 7 bankruptcy: what schedule does a judgment go in?
Mitchell's answer
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Answered on October 15, 2010
Your local court would be the place to start. Also, ask where your state's filing under the Uniform Commercial Code are recorded. Either one of...
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