Contested Divorce Prep

You have done your research and your understanding is correct. The court is not going to overturn or modified a legally binding separation...

I live in New York City (the Bronx) and I want to file a Chapter 7 or a Chapter 13 Bankruptcy case.

You will not lose your house should you opt to file a Chapter 7 as long as you continue payments on the mortgage. Since you have no equity in your...

My home was recently foreclosed. Can I still get a forensic audit?

I have to assume that at the time of your request for the loan modification you were behind on the payments. If this is the case than the mortgage...

Which has the least harmful effect overall - short sale or deed in lieu of - in California

The primary financial implications of both a deed in lieu and a short sale are the tax consequences. This is assuming in either that part of the...

We did an 80/20 through Chase. We foreclosed on 80 but not 20 because Chase said they would garnish wages.

In most cases, anti-deficiency statutes only protect you from a deficiency on a first mortgage of your primary residence. A second mortgage is not...

If creditor continues to collect funds after bankruptcy has been filed, do I have any legal recourse?

Yes. They can be sanctioned for violation of the Automatic Stay. You need to make sure of a couple of things first. One, that you have properly...

I filed for chapter 7 bankruptcy in 2005 in GA, and discharged in 2006, can I file again now while living in Ohio?

No, you are not eligible to file another Chapter 7. The current requirement, which changed in October 2005, is eight years between the filing of...

If a bank violates a TRO and your home is sold at Trustee sale.

In most jurisdictions, service is conducted by an independent service agent that certifies to the court the specifics of the service. If service...

I attended a creditor's meeting and am confused by the information that I was given.

Yes, you need to request a Rule 2004 deposition. In addition to the comments of my colleagues on the site, be aware of the deadlines for filing a...

I am Creditor with another person. Debtor Chpt 13. I am filing proof of claim. Do we file separately?

If the joint venture agreement was signed as individuals versus you acting on behalf of corporations then the proof of cllaim should be filed...

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