Archived
Can i file bankruptcy after i get sub served? and how many days do I have to file for a credit card dept?
John's answer
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Answered on October 19, 2011
The safe answer would be 30 days. The truth is even after judgment is entered and they have the ability to garnish, levy or lien your property it...
Archived
Is hiring & paying defense atty considered a preferential payment in chapt ?
John's answer
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Answered on October 19, 2011
The payment would not be considered a preferential payment because it was not for a debt. The retainer was actual for future services. The...
What are the steps to foreclose on a owner financed property?
John's answer
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Answered on October 18, 2011
The answer to your question is too complicated and length to explain in this venue. There are both state and federal requirements you need to...
Archived
I'm considering filing Chapter 13 bankruptcy while I'm separated. Will it affect my spouse?
John's answer
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Answered on October 18, 2011
Yes, potentially there is an effect. While a co-debtor stay exists during a bankruptcy, if your plan does not pay 100% of the debt you leave you...
Archived
Do I need to include my mother's SSI in my means test calculations?
John's answer
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Answered on October 18, 2011
Income received under the Social Security Act is not calculated in the Means Test. In our local forms it is not listed at all. However, since...
Archived
Who's resposible for HOA fees after bankruptcy but before foreclosure is completed.
John's answer
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Answered on October 18, 2011
The individual(s) on title to the property is/are responsible for the HOA fees until the property is out of his/hers/their name(s). The...
Archived
Upside down investment home
John's answer
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Answered on October 18, 2011
Given that your home is an investment property and may not be covered by the anti-deficiency statutes of California, I suggest you talk with a...
Archived
Settlement of Lawsuit after Ch 7 filing?
John's answer
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Answered on October 18, 2011
You do not have to wait if the case has been discharged. As long as the lawsuit was disclosed as an asset with the value and claim accurately...
Archived
Adversary Status Conference
John's answer
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Answered on October 18, 2011
The judge will be setting the discovery and trial timelines.
Archived
My parents have received a court hearing notice for foreclosure; do they need to appear at the hearing?
John's answer
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Answered on October 18, 2011
The answer is yes. The bank has to accept the short sale. You should follow-up with the mortgage lender. The offer may need to be higher.
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