Archived
If a debt collection agency wins a judgement can it take money from my teamsters pension or social security benifits?
Mitchell's answer
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Answered on October 02, 2010
Pensions and social security money are protected from creditors. Pension money can be seized after it hits your account, but social security money...
Archived
How do I sue my bankruptcy lawyer for negligence? what type of an attorney do I contact?
Mitchell's answer
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Answered on October 02, 2010
First, reaffirming a mortgage is not required. Lawyers do not typically sign them and courts do not typically accept them. Without a reaffirmation...
Archived
Filed chapter 7 in 2001, bank will not pick up car and will not release title, what do I do!?
Mitchell's answer
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Answered on October 02, 2010
Your lender appears to be trying to collect on the debt, which is a violation of the bankruptcy discharge. You should hire an attorney to pursue a...
Archived
Bankruptcy, Rescinding Agreement and Credit Report ??
Mitchell's answer
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Answered on October 02, 2010
Technically, your attorney's agreement with you terminated at discharge. Many reputable attorneys here will give you a second opinion.
Once you...
Archived
Personal vs Business Bankruptcy question?
Mitchell's answer
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Answered on October 02, 2010
A business cannot get a discharge in bankruptcy. All it can do is close down. Most business owners can do this on their own. The reason why Chapter...
Archived
Is cramdown on mortgage possible thru chapter 13 bankruptcy in CA?
Mitchell's answer
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Answered on October 02, 2010
The Bankruptcy Code prohibits modifying the mortgage. Congress has consistently refused to change that.provision. If it were rental property, then...
Archived
We need help with what chapt. we can file and if we can keep our house.??
Mitchell's answer
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Answered on October 02, 2010
You do not have to wait to file. If the issue is the means test which looks at the last 6 months of income, changes in income can be taken into...
Archived
Do i have to wait 6 months after a divorce to file chapter 7 bankruptcy?
Mitchell's answer
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Answered on October 01, 2010
If you are divorced, then you do not include your ex-spouse's income in the means test. You may have to include what your ex-spouse contributed to...
Archived
I own 2 homes, one is primary and the other a rental. Will I be able to keep both in a chapter 7 bankruptcy?
Mitchell's answer
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Answered on October 01, 2010
If the income from the rental does not cover its expenses, you may face a Motion to Dismiss or convert to Chapter 13. The rationale is that your...
Archived
Is it legal that my Bank canceled my approved loan modification (not trial period) after I filed for Chapter 7 bankruptcy?
Mitchell's answer
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Answered on October 01, 2010
You may be able to reinstate the agreement in Chapter 13. You may be able to enforce the agreement if you were current and it was recorded. Sit...
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