Archived
Tenants haven’t pay for 4 months house is vandalized. Tenants filed bankruptcy in chapter 13. Will the judge be in their favor?
Derek's answer
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Answered on August 18, 2019
Where did you file for a court date? If in state court and you do not have releif from the stay, pursuing the action in state court could get you...
Archived
Should I seek a judgement for what I am entitled to, even though I will probably never be paid?
Derek's answer
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Answered on August 18, 2019
If obtaining the judgment wouldn't cost you anything, then I'd say go for it. Unfortunately, it will cost you, probably a fair amount, to litigate...
Archived
Can my wages be garnished for an old rent balance if I claim bankruptcy?
Derek's answer
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Answered on August 17, 2019
I usually agree with my leaned colleagues Mr. Boyer and Mr. Schwartz. In this case they are both correct. Bankruptcy will stop this garnishment.
Archived
Would you classify this property as separate or community?
Derek's answer
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Answered on August 17, 2019
The stakes are far too high for you to rely on unpaid volunteer attorneys who cannot review the various documents involved. You need to consult...
Archived
Attorney said to stop paying our car and mortgage in chapter 13?
Derek's answer
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Answered on August 17, 2019
Reaffirmation is only done in ch7 and is not fine in ch13. If your mortgage and car payments are to be paid through your plan, I think your...
Archived
How can I obtain a list of creditors filed on a 2002 chapter 7
Derek's answer
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Answered on August 16, 2019
Contact a local bankruptcy attorney and ask if they can pull the case up on PACER. You should offer to pay them for their time and the direct...
Can a mortgage lender report to the credit bureaus if the loan was discharged in Chapter 7 Bankruptcy?
Derek's answer
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Answered on August 16, 2019
You need to review the docket and verify that you did not reaffirm the debt. It is uncommon to reaffirm mortgage debt but it does occur. If you did...
Chapter 13 discharged 9 months ago, Nissan refuses to give the title that was part of plan & paid off can they legally do that?
Derek's answer
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Answered on August 15, 2019
Try taking the lien release to the DMV and see if they will issue a new title with no lien thereon. Might cost you a little bit for the duplicate...
Archived
Do I put myself in more debt by getting a lawyer to deal with foreclosure and bankruptcy and all that is associated with this.
Derek's answer
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Answered on August 15, 2019
I'm sorry for your loss.
Filing bankruptcy will eliminate debt even thought it will cost some money to retain an attorney. I recommend you...
Archived
Can I file chapter 7 and keep my home with a reaffirmation agreement?
Derek's answer
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Answered on August 15, 2019
There is no provision in ch7 to bring a past due mortgage current. The only chapters in bankruptcy that allow that are Ch11 and ch13. Ch11 is not...
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