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Served with a Notice of Right to Have Exemptions Designated. I own 1 vehicle for my family, can they take that?
Erich's answer
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Answered on October 13, 2012
I would observe that a lien-free 2012 SUV is an unusually valuable asset for a judgment debtor. I agree with the attorneys that whether or not the...
Archived
Will an auto loan company try to repossess vehicle if they know you are about to file for Chapter 13 bankruptcy?
Erich's answer
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Answered on October 02, 2012
You ought to raise such questions and concerns with your attorney. He or she needs to know what is going on in your financial affairs, and is in...
Archived
I am currently behind with my chapter 13 plan payments. Can I convert to chapter 7 and keep my home?
Erich's answer
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Answered on September 13, 2012
I agree with the other attorney. You should speak with your attorney who is handling your chapter 13 case.
The implications of conversion vary...
Do I need to include my roommate's furniture under personal property on the "motion to claim exempt property?"
Erich's answer
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Answered on September 12, 2012
I assume you are referring to claiming exemptions in state court judgment proceedings as opposed to bankruptcy, which has led to confusion on this...
Archived
What will happen if I dont continue to pay on my house that was not supposed to be in my bankruptcy but was. what r my options?
Erich's answer
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Answered on September 01, 2012
Remember that most mortgage loans have two parts: (1) the promissory note making you as borrower personally liable (they sue you) and (2) the deed...
Archived
I am studying exemptions under Chapter 7. NC is an opt out state, NCGS 1C-1691(a)8 gives exemption for compensation
Erich's answer
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Answered on August 24, 2012
The "opt-out" refers to the listed federal bankruptcy exemptions under 11 USC 522(b)(2) and 522(d). Protections of federal "non-bankruptcy" law,...
Archived
In NC is a judgement the same as a lien if you own one home?
Erich's answer
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Answered on August 22, 2012
Assuming the home is not owned with a husband-and-wife title, a judgment can become a lien against real estate owned by a defendant. The lien...
Archived
What recourse does one have against a potentially negligent bankruptcy attorney?
Erich's answer
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Answered on August 22, 2012
I don't think this is a simple question. However, I do always recommend that someone dissatisfied with a lawyer's services politely take up the...
Archived
Can I file Chapter 7 bankruptcy in one state with a judgement against me for a creditor in another state?
Erich's answer
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Answered on August 16, 2012
The process of bankruptcy affects all debts regardless of where they are situated. If a judgment is for a dischargeable debt (most credit cards are...
Archived
Now what?
Erich's answer
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Answered on August 15, 2012
If there is a federal student loan involved that is in default, it is possible for garnishment to occur without court order. There are some...
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