Archived
Should I even consider the options my bank is offering to avoid foreclosure now that my bankruptcy is discharged?
Derek's answer
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Answered on April 13, 2015
There is no way to give you a definitive answer because what works best in a particular situation is based on the needs and desires of the...
Archived
My ex husband and I had bought some rental property from his uncle.
Derek's answer
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Answered on April 11, 2015
I agree with Mr. Allen. The clauses which say that filing bankruptcy is an instance of default sufficient to allow a lender, whether your uncle or...
Can't buy new home cause didn't sign reaffirm of debt on current home. Finance co's wont talk to me even though credit is good.
Derek's answer
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Answered on April 10, 2015
Keep trying different mortgage companies. As Mr. Brewer indicated, reaffirmation of a mortgage is rare and nearly impossible in NC because, even...
Archived
Our agreement to buy a home in NC is on hold due to seller with a CH 13 bankruptcy that affects ability to release the property.
Derek's answer
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Answered on April 10, 2015
A prior Ch13 filing should not prevent or delay the sale at all. The only way a prior Ch13 filing would affect the current sale of a property is...
Archived
I am trying to get a lien removed that was put on my property before my bankruptcy. I was discharged from the debt
Derek's answer
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Answered on April 09, 2015
If your case has discharged and closed, you will need to reopen the case and file a motion to avoid the judicial lien. It does not happen...
Archived
Question
Derek's answer
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Answered on April 09, 2015
Only if you're paying 100% to your unsecured creditors. In my district, in 100% plans, typically unsecured creditors will get paid about 5%. If...
Archived
What can we do a credit card company and collection agency put a levy on a checking account?
Derek's answer
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Answered on April 09, 2015
Mssrs. Love and Lefkowitz give excellent advice. Get an attorney ASAP and move you accounts to a new bank.
Archived
"What rights does a Chapter 7 Trustee have? Can he contact creditors once the deadline to respond after a 341 meeting passed?"
Derek's answer
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Answered on April 08, 2015
This is exactly the procedure the trustee can, will and should follow when he/she discovers new assets that should have been property of the estate...
Archived
What can I do when the Chapter 7 Trustee wants to sell my house for pennies on the dollar?
Derek's answer
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Answered on April 08, 2015
Get an appraisal, Discuss with your attorney. If not satisfied with your attorney's performance, retain a new one. Discuss with your attorney why...
Archived
I am a debtor in a bankruptcy case. I filed a Motion. The creditor filed a Response.
Derek's answer
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Answered on April 08, 2015
The bankruptcy rules and your local bk rules would apply. If you have counter points to the other sides responses, you would probably need to...
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