I have 11 months left in my chapter 13 and received my car title last week. Can I sell it now to get out of my current debt?
Derek's answer
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Answered on January 16, 2023
Maybe, but the safe answer is no. Read the confirmation order and look for the section about when the property revests in the debtor. If it says...
Chapter 13? I objected to a proof of claim, but the creditor didn’t respond. Instead, they amended their claim, but they didn’t
Derek's answer
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Answered on January 16, 2023
I would file an objection to the Amended POC, even if you just restate your original objection.
After filing chapter 7 and going to court already would I have to report lets say a check for x amount?
Derek's answer
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Answered on January 15, 2023
Assuming the initial purchase is made with money that is earned after the filing of your bankruptcy case and is, therefore, not property of your...
Does lender confirm bankruptcy trustee's letter of approval?
Derek's answer
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Answered on January 15, 2023
Each lender will have its own policies on how to verify the validity of the authorization to confirm the incurrence of debt. These policies could...
I’m currently in Ch 13 and landlord has filed for eviction. Was landlord suppose to ask for a relief from stay before filing?
Derek's answer
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Answered on January 14, 2023
If I were your landlord's attorney, I would have advised them to file for relief from the stay prior to instituting eviction proceedings. However,...
What really happens when you fill for chapter 7 and you surrender your vehicle?
Derek's answer
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Answered on January 14, 2023
Assuming your discharge has been entered by the court, the stay would have lifted, and the creditor can take whatever steps necessary to protect...
Can my job fire me or threaten me?
Derek's answer
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Answered on January 14, 2023
Your job requires that you have reliable transportation. Your car is not running and while you have made arrangements to get another car, you...
Do you have to wait to transfer a title out of your name AFTER your bankruptcy is completed?
Derek's answer
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Answered on January 14, 2023
Assuming this was a ch13, I agree with your mother's lawyer and recommend waiting until the case is closed. While it probably would not be an...
Can a person injured in an auto accident sue you beyond the limits of your insurance policy?
Derek's answer
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Answered on January 13, 2023
Yes, a plaintiff can sue for more than the limits of your insurance and is not required to agree to accept your limits. This is one reason that...
Can I sue a bankruptcy lawyer or Chapter 13 trustee for dismal errors?
Derek's answer
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Answered on January 12, 2023
I agree, you need to have a sit down with your lawyer and you may want to have your case reviewed by another, experienced bankruptcy attorney. ...
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