Archived
I am looking at a situation where a person filed a chapter 13 banktuptcy case and did not report about $200,000 in assets.
Derek's answer
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Answered on August 28, 2016
Yes, it ous just as big a deal in ch 13 as in ch7. A debtor is obligated to report everything they own and everything they owe. Doesn't matter...
Archived
Hello,
I just got back from my hearing with a Trustee. He wants our tax returns for the 2016 filing by next April.
Derek's answer
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Answered on August 26, 2016
I agree with Mr. Harkess. I see no problem with adjusting the amount withheld to minimize the amount of refund you'll receive when you file your...
Archived
I am under a bankruptcy umbrella with 3 years of not paying the (heloc of 100k). How can I reduce or get rid of this?
Derek's answer
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Answered on August 26, 2016
If your home is worth less than the amount owed on of the first mortgage, you could file an adversary proceeding to strip off the HELOC. If,...
Archived
What effect will a discharged bankruptcy (5 yrs ago) have on a personal injury settlement ?
Derek's answer
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Answered on August 25, 2016
Ms. Bunce, as usual, is correct. If the incident which caused this claim to arise occured prior to your filling bankruptcy, regardless of whether...
Archived
Do I have to get permission from bankruptcy court to get a divorce if my husband is willing to still pay off the debt
Derek's answer
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Answered on August 25, 2016
I agree with Ms. Bunce. You can go ahead and get divorced, but before you do, consult with divorce and family law attorney. Some states, like mine,...
Archived
How can I get a car that was in bankruptcy through the borrower if I am a co buyer
Derek's answer
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Answered on August 25, 2016
Your ex will not be required to give you the car unless you have some sort of equitable distribution or separation agreement that requires him to...
Archived
Can we file for bankruptcy? Should I contact the other lawyer myself and explain that we have nothing for them to collect?
Derek's answer
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Answered on August 24, 2016
Yes, you can file for Ch7 or Ch13, more likely you are a candidate for Ch7, but the best advice I can give yu is to call a couple local bankruptcy...
Archived
Can a bank do a modification after a house has been surrendered in a Chapter 7 Bankruptcy?
Derek's answer
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Answered on August 23, 2016
Yes, the bank can choose to modify the loan. Your personal liability for the debt was discharged during your bk and your husband's modification did...
Archived
I'm in Chapter 13.
Derek's answer
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Answered on August 23, 2016
I agree with Mr. Gambrell. In order to give you a good answer we'd need to review the paperwork you signed, but I suspect you did buy that car. If...
Archived
Is 4300 for a chapter 7 including the fee a lot?
Derek's answer
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Answered on August 22, 2016
At first blush, $4300 seems high. But without know much more about your case, I cannot say. If you had a simple case ie below median income, not a...
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