Archived
Filing chapter7, have not paid car note in 1 yr credit report states a charge off i still have car, can i reaffirm and how?
Mitchell's answer
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Answered on August 10, 2010
In a Chapter 13, you do not reaffirm debts. You can reinstate them or pay them off through a Chapter 13 plan. That will take care of the lien. The...
Archived
I got my last paycheck garnished for car repro two yr ago. married at the time. can i be garnished and ex didnt
Mitchell's answer
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Answered on August 10, 2010
If the judgment is against both of you, the creditor can garnish either or both of your assets. The garnishments will end when the debt is paid or...
Archived
Specific to VA - Mechanics lien
Mitchell's answer
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Answered on August 10, 2010
A mechanic's lien must be filed against the property within 90 days of the end of the month that worked was performed on the property. It remains...
Archived
House is being foreclosed by second mortgage but it still has a balance of 200k on first mortgage..what happens if i win?
Mitchell's answer
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Answered on August 10, 2010
Sorry, I thought it was your property that you were bidding on. If it is someone else's, keep in mind this story (it actually happened). A couple...
Archived
House is being foreclosed by second mortgage but it still has a balance of 200k on first mortgage..what happens if i win?
Mitchell's answer
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Answered on August 10, 2010
If you are not current on the first mortgage, I suspect that the first will step in and foreclose soon. Either way, the first and any tax liens...
Archived
Child Support Modifications
Mitchell's answer
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Answered on August 10, 2010
Virginia adds up the incomes of both parties, determines the number of kids in common, and uses the table to determine the total amount of support....
Archived
Should I worry bout fraud charges? Givem my situation.
Mitchell's answer
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Answered on August 10, 2010
If she did not have power of attorney, then she had no right to sign the checks to Cash. Likewise, you had no right to cash them. Technically, this...
Archived
Adversary Proceeding 523(a)(2)(A), Fraud
Mitchell's answer
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Answered on August 10, 2010
The particularity refers to the events that constitute fraud. You need to state what events happened and how the fraud was committed. The date may...
Archived
Confused on the difference between an intent to reaffirm, and actually reaffirming our mortgage?
Mitchell's answer
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Answered on August 10, 2010
There is no requirement to reaffirm liens on real property. Attorneys generally advise that you not reaffirm, but state your intent to retain and...
Archived
Rule 9(b)
Mitchell's answer
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Answered on August 10, 2010
It depends on the purpose of pleading the date. If it is for a statute of limitations, then you need to be able to plead (in good faith) a date...
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