Archived
After chapter 7 bankruptcy if you refinance your home are you released from the home equity line of credit?
Mitchell's answer
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Answered on March 24, 2010
Your obligation to pay on the liens on the house was discharged. However, if you do not pay them, the lenders can foreclose on the house. If you...
Archived
My husband filed chapter 13 and because our lawyer did not appear in court to object to the motion for relief of stay, the court
Mitchell's answer
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Answered on March 24, 2010
One more thought, contact a local attorney. You may be able to file a Chapter 13 bankruptcy to save the house.
Archived
My husband filed chapter 13 and because our lawyer did not appear in court to object to the motion for relief of stay, the court
Mitchell's answer
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Answered on March 24, 2010
Depending on how long ago relief was granted. You may be able to get a motion to rehear before the court. Motions for Relief from Stay can be...
Archived
What happens if someone starts to file Ch 13 but never follows through?
Mitchell's answer
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Answered on March 24, 2010
The answer depends on the lender. She may have options with the loss mitigation department of the mortgage company for a potential loan...
Archived
I have a evication judgement to vacate in 5 days if I file chapter 13 will this buy me time .
Mitchell's answer
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Answered on March 24, 2010
Be careful, an award of possession can be enforced even if you file bankruptcy. You may be able to stop it if you have a right to cure under state...
I thought I could file Chapter 7 once every 7 years?
Mitchell's answer
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Answered on March 24, 2010
The old law allowed a Chapter 7 once every 6 years from the filing date. After the 2005 amendments, it became once every 8 years. You can file...
Archived
Chpt 7
Mitchell's answer
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Answered on March 24, 2010
Chapter 7 affords no protection to a nonfiling co-signer on an account. In some jurisdictions, you may be able to remove the second mortgage if it...
Archived
Am I able to declare bankruptcy against a loan from American General?
Mitchell's answer
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Answered on March 24, 2010
If the loan is secured, the lien will still remain on the property. The personal obligation to pay, however, is discharged. However, I would not...
Archived
I fell behind on my payments to ch 13. what happens if I quit making the
payment?
Mitchell's answer
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Answered on March 20, 2010
You have the right to voluntarily dismiss a Chapter 13 case. If you stop making payments, the trustee will file a Motion to Dismiss. Unless you...
Archived
Can I strip my second mortgage in chapter 13?
Mitchell's answer
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Answered on March 20, 2010
If your home is worth less than the payoff to the second mortgage, section 506 of the Bankruptcy Code makes the second unsecured. Depending on the...
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