Archived
In Chapter 13 bankruptcy and behind on mortgage payments. Received notice to lift stay. What options do I have?
Mitchell's answer
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Answered on March 20, 2010
I advise filing a Qualified Written Request for a complete accounting of your mortgage. If you are behind post-petition (after filing), it is...
Archived
What year 's tax return can your trustee take?
Mitchell's answer
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Answered on March 20, 2010
If you had taxes that were not discharged in your bankruptcy, the IRS may be able to seize tax returns to which you are entitled as payment for...
Archived
What happens if we want to file bk AND surrender home, but make too much gross income to pass means test for Chapter 7 ?
Mitchell's answer
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Answered on March 20, 2010
The answer requires that you talk to a local attorney experienced in bankruptcy. The 2005 amendments to the bankruptcy law added a means test...
Archived
Can a former creditor seek payment after a C-13 bankruptcy case has been discharged
Mitchell's answer
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Answered on March 20, 2010
If the claim was scheduled and the creditor was properly notified, then the debt is discharged - even if the creditor never filed a claim. This...
Archived
Can a lender foreclose on our house if we pay on a mortgage but not home equity line of credit?
Mitchell's answer
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Answered on March 20, 2010
If the line of credit is secured on the house, it must be paid. The bankruptcy discharges liability to pay, but not the liens themselves. A real...
Archived
Chapter 7 Discharge, Kept House, but now moving.
Mitchell's answer
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Answered on March 20, 2010
You can stop paying and wait for foreclosure. You will be responsible for all real estate taxes and homeowner association dues until the mortgage...
Archived
I filed ch 13 in 2001. It was discharged in 2002 because I couldnt afford the payments. I just received a call 8 years later
Mitchell's answer
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Answered on March 20, 2010
Was it discharged or dismissed? Usually, if you cannot make the payments, the case is dismissed. In that case, all creditors can come after you as...
Archived
Do I need to give the trustee my 2008 federal tax return?
Mitchell's answer
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Answered on March 20, 2010
In some jurisdictions, the trustee is entitled to all tax refunds during the term of the plan. In others, the plan dictates what will happen. In...
Archived
Who sets the payments on a chapter 13 bankruptcy. How much notice is given to debtor is payment is set too low?
Mitchell's answer
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Answered on March 20, 2010
Payments are set by the Chapter 13 plan. Once confirmed, it is binding on all parties. There should not have been any reason why the case had to be...
Archived
If I file chapter 7 bankruptcy will they take the equity in the home?
Mitchell's answer
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Answered on March 20, 2010
If you live in a state that has tenants by the entirety AND you have no joint debt AND you file while you are still married, then maybe the equity...
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