John Gerth Merna's Answers (699)

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If I change my attorney before my confirmation hearing before the judge what does that do to my chapter 13 filing in Alabama?

John's answer | Answered on October 10, 2011

You always have a right to change attorneys. Whether it will have an affect on your case depends on where you are in the confirmation process. You...

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I'm filing bankruptcy while a co-mortgagor is requesting mitigation before the foreclosure process on my home.

John's answer | Answered on October 10, 2011

You said you are filing bankruptcy with an attorney. You should be discussing this question with him or her. The bankruptcy filing does effect...

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I filed Chapter 13.I have an IRA..which I know is exempt. I want to take out a large sum of money, can I? I am 62 yrs old.

John's answer | Answered on October 10, 2011

You haven't provided enough information you answer the question. How large a sum? What will the funds be used for? Will the funds be just...

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Prior to filing Chapter 7, I told my bank that if they would not modifiy my mortgage, I would surrender the property.

John's answer | Answered on October 10, 2011

Mr. Lewis is correct. In most cases, the filing of a bankruptcy acts as a breach of the contract. However, if you continue with the payments under...

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Bankruptcy question

John's answer | Answered on October 09, 2011

If the bankruptcy filed by the restaurant was a Chapter 7 then the answer is there is not reason to now sue the restaurant. Although corporations...

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Is it legal for a debt collection agency in FL to collect interest on a terminated lease debt from PA?

John's answer | Answered on October 09, 2011

I agree with my colleagues. Refer to the lease to determine if interest and costs can be charged. The fact that the collection agency may be in...

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My student loan is in default. I know they will take my tax return. If my husband and I file separately can they take his return

John's answer | Answered on October 09, 2011

If your spouse did not sign for the student loan then his refund from a separately filed tax return can not be taken. However, I would advise you...

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How do I determine who holds title/has standing to foreclose on my home in Chapter 13?

John's answer | Answered on October 09, 2011

Assuming your goal is to repay the arrears in your Chapter 13 plan I'm not sure contesting the validity of the mortgage company's standing is worth...

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I filed and finished a chapter 7 bankruptcy. I would like to refinance my house. I owe 17,000 on my house but 30,000 in liens.

John's answer | Answered on October 09, 2011

My guess is in this economy you will have a difficult time finding a lender. However, if you have substantial equity in the property anything is...

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Getting government help to avoid forclosure

John's answer | Answered on October 09, 2011

You should check into to Making Homes Affordable program to see if you qualify. But do not be blinded from seeing the larger picture. If you...

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