Archived
Awarded home in divorceand try best to refi in 2 yrs. I filed chp 13. 5 yrs later I am selling and she want 20%, can she get it?
Derek's answer
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Answered on May 25, 2018
Sure she can get what she's asking for, but it is not automatic. You need to get an attorney to assist you. If you don't she's much more likely...
Archived
How can lender list as prepetition $ due amts for funds advanced for taxes and ins when my arrears listed include escrow (chp13)
Derek's answer
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Answered on May 25, 2018
Quite possibly. Unfortunately,you really need to speak with your attorney. If you've discharged your attorney, you either have to act as your own...
Archived
I am currently in a chapter 13 plan in Maryland If I ask for a dismissal can creditors who did not file claims seek collection?
Derek's answer
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Answered on May 25, 2018
Yes. A creditor never had to file a proof of claim and falling to do so does not make their claim against you invalid if your bk is dismissed.
Archived
Can my mother,who filled ch13. In Sept of 2017 transfer the house to me? To prevent her from actually losing it?
Derek's answer
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Answered on May 25, 2018
No, if she's in a ch13, she'd need court approval to transfer the house. Even if she got that approval she couldn't prevent foreclosure unless...
Archived
Is it necessary to appear in court to submit a special needs trust accounting? or can it be done electronically or mailed?
Derek's answer
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Answered on May 25, 2018
Somehow, this was posted as a bankruptcy issue. I am re-categorizing to trusts in hopes you get some answers. I doubt that an attorney is...
Archived
I live in NJ.....been divorced since 2009....owned a home with my ex wife and had 1 child.....agreed to give her the house?
Derek's answer
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Answered on May 25, 2018
Unfortunately, you can't force the bank to remove your name from the mortgage. She would have to refinance the mortgage in her own name and that...
Archived
Do I have to include my daughter's social security to my means test in chapter 13 bankruptcy?
Derek's answer
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Answered on May 24, 2018
No. Social security benefits are specially excluded from the means test. But you may have to include them in schedules I & J. You should consult...
Can I negotiate fees and reduce my fees after my h o a has been referred to a lawyer my situation is 13000 that's with lawyer f?
Derek's answer
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Answered on May 24, 2018
You can't force them to agree to a compromise but it won't hurt to ask. They're much more likely to agree to reduce the amount owed if you can make...
Archived
Will my bankruptcy hurt my wife's credit if she adds my as an authorized user on a credit card?
Derek's answer
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Answered on May 24, 2018
I agree this should not impact your wife's credit. In the Eastern District of NC, debtors can incur up to $7,500 in debt without court permission...
Archived
Am I still obligated with monthly payments to my bank while in foreclosure?
Derek's answer
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Answered on May 24, 2018
If you don't want to keep the property in Maryland there is no reason to file a ch13 or make payments on that debt. If your current attorney...
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