Archived
Chapter 7 discharged 05/2009. Current on Mortgage Payments. Did not reaffirm. Can I still give up home without affecting credit?
Derek's answer
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Answered on July 31, 2018
You can walk away from the house without fear of your mortgage company seeking a deficiency judgment against you. If there is a foreclosure of the...
Archived
Our income is less than our debts is it anyway that we can file a complete bankruptcy with monthly payments?
Derek's answer
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Answered on July 31, 2018
You may be able to file Ch13, depending on your total income, but you may also be able to file a ch7 and get rid of a bunch of debt much more...
Archived
In the State of Florida, can a individual sue another individual for ganishment of social security or any type of rerirement in?
Derek's answer
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Answered on July 31, 2018
In all likelihood, the debt owed to you was discharged even if not listed if the debtor had a "no asset" chapter 7.
Social security benefits are...
Archived
My question is I am in bankruptcy chapter 13 I’ve been in it since February 2018
Derek's answer
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Answered on July 31, 2018
Unfortunately, they don't have to delist your house. The theory is that your bankruptcy could be dismissed at any time, so the mortgage company...
Archived
Can I payoff a 401k loan and borrow another while on Chapter 13?
Derek's answer
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Answered on July 31, 2018
I, sort of, disagree with my colleague. You are allowed to incur debt while in Ch13 bankruptcy but you have to obtain court permission, which...
Archived
Do you guys provide chapter 13 protection for the self employed 1099 worker.
Derek's answer
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Answered on July 31, 2018
Chapter 13 can be used by self employed 1099 contractors. What matters is whether you'll have sufficient income to propose and then make the...
Archived
If you have the money to do so, can you pay off the balance of a chapter 13 Bankruptcy in full?
Derek's answer
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Answered on July 31, 2018
Your lawyer is correct. You cannot payoff your bankruptcy early unless you pay 100% to your unsecured creditors who filed a proof of claim in your...
Archived
Can I file a chapter 20 in nc?
Derek's answer
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Answered on July 31, 2018
Mr. Love is correct. Fortunately there are a number of qualified local bankruptcy attorneys who can help figure out whether a ch13 is feasible for...
Archived
Is there a way to have a bancruptcy court determine if an asset is secured or not before actually filing bancruptcy?Hearin Name
Derek's answer
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Answered on July 31, 2018
No. The bankruptcy court does not have jurisdiction until you file a bankruptcy case. You might be able to file a declaratory judgment action in...
I received my notice of completion letter chapter 13 from the trustee what's next? How long before officially discharged paper?
Derek's answer
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Answered on July 30, 2018
Have you filed your financial management course certificate? In some districts, the trustee provides the financial management course and will file...
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