Archived
After filing chapter 7, not reaffirm the mortgage, then do a loan modification; does this reaffirm the mortgage ?
Derek's answer
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Answered on December 08, 2017
If your loan mood was with the original creditor I would say no the loan mod does not act as a reaff of the loan. If the loan mod was a refinance...
Do I have to pay creditor legal fees when they asked to be paid outside my chapter 13 plan?
Derek's answer
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Answered on December 08, 2017
I agree with Ms. Bunce that more info would be helpful. Also just because a creditor asks yup be paid outside your plan does not mean that you have...
Archived
I was involved in hit and run case ?
Derek's answer
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Answered on December 08, 2017
You posted this in Ch13 bankruptcy but I suspect you have a criminal charge against you for hit and run, so I am changing the practice area to...
Do I need a lawyer for no insurance ticket ?
Derek's answer
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Answered on December 08, 2017
I recommend you at least consult with a Texas traffic attorney. What may be true where I practice may not be true where you are. You probably don't...
How do I remove an attorney of record from my bankruptcy case?
Derek's answer
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Answered on December 08, 2017
You can't remove him as attorney of record. He would have to file a motion to withdraw grim representation and have the court grant the motion. At...
Archived
Can the trustee or the trustees attorney go after the former spouses husband or wife for assets?
Derek's answer
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Answered on December 07, 2017
Not generally but, as usual when you're talking legal issues, it depends on the circumstances. If the debtor transferred a bunch of assets to his...
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Archived
My chapter 13 has been discharged, how much I have to pay on the mortgage? The payment before Bankruptcy I cannot afford.
Derek's answer
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Answered on December 07, 2017
Chapter 13 doesn't affect your ongoing mortgage payment. South Florida does have a mortgage modification program through your bankruptcy court but...
What is the difference between chapter 7 and 13?
Derek's answer
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Answered on December 07, 2017
The basic difference is that in a ch13 you make payments for 3 to 5 years to a ch13 trustee who then pays your creditors some or all of the debts...
Can you file chapter 7 bankruptcy again only 3 years later after your first filing of chapter 7 due to illness?
Derek's answer
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Answered on December 07, 2017
You can file a ch7 now but you won't get a discharge of debt do there would be no point. In order to be eligible for a discharge a second ch7 may...
Archived
Chp 13 - What happens when its a request denying confirmation without leave?
Derek's answer
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Answered on December 07, 2017
If you want to save your plan you'll contact the trustee ASAP ( better have your attorney contact the trustee) and figure out what they're saying...
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