Archived
Chap 7 discharged the mortgage but name still remains on mortgage. Can we remove her name from the mortgage?
Derek's answer
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Answered on February 05, 2012
This situation is precisely why I advise people not to represent themselves in either bankruptcy or domestic/family law situations. Any family law...
Archived
Filing Chapter 7 in Northern CA - surrender or keep our vehicle
Derek's answer
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Answered on February 05, 2012
I agree that you should go seek local counsel, but there is no way you should reaffirm the debt on a vehicle on which you owe $14k more than it is...
Archived
House Insurance payments
Derek's answer
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Answered on February 04, 2012
You can contact the insurance company directly to arrange to make payments directly or you can arrange for insurance to be placed with a different...
What is the proper place and way to list a timeshare on a chapter 7 bankruptcy petition?
Derek's answer
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Answered on February 04, 2012
I disagree with my colleague. I would list the timeshare on Schedule A as an interest in real property and on Schedule D as a secured debt.
I...
Archived
I filed chapter 13 2 years ago. I have a step up plan. Last year it got modified to half the payment.
Derek's answer
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Answered on February 03, 2012
You can modify your plan as circumstance change, but if you have large mortgage arrears that need to be cured through your plan and if your regular...
Archived
I received a motion of claims exempt and have not filled out its past 20days what can I do to protect my property?
Derek's answer
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Answered on February 03, 2012
Mr, Fabricus is correct. If you failed to timely fill out and file the Motion to Designate exemptions, then under NC law you are deemed to have...
Archived
My case has been settled, It's been 13 months and I have not recieved my settlement, my lawyer says he's waiting for Medicare
Derek's answer
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Answered on February 03, 2012
This queswtion has been posted in the wrong area. This appears to be related to a worker's comp or a personal injury matter. I'd advise posting...
Archived
Ch 7 - Michigan - If Trustee Abandons Property not protected in BK due to "not enough money.. if I sell, can I keep the profit?
Derek's answer
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Answered on February 03, 2012
If the TTee has abandoned the property it is yours to do with as you please. To be on the safe side, I'd recommend waiting to sell until after...
Archived
Filing for bankruptcy to save my home
Derek's answer
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Answered on February 03, 2012
You can file Ch13 bankruptcy to catch up on your past due mortgage as long as the title to the home has not transferred to the mortgage company or...
Archived
Can you regain personal property or other assets that have been siezed by a judgement creditor by filing chaper 7?
Derek's answer
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Answered on February 03, 2012
Yes, you should be able to file a Motion for Turnover in bankruptcy court once your case has been filed. This is not something that a lay person...
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