Archived
Does it make sense to re-affirm a mortgage discharged in Chapter 7 bankruptcy if no payments have been missed?
Derek's answer
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Answered on October 23, 2014
I agree that reaffirmation of a mortgage is almost never a good idea, except when the reaff is really more of a modification, meaning that the...
Archived
If you file chApter 13 bankruptcy I know courts will find you closed your bank .
Derek's answer
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Answered on October 22, 2014
You are required to truthfully report any closed financial accounts and the balances therein immediately prior to the closing of the account. If...
How to file Motion to claim exempt property.
Derek's answer
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Answered on October 22, 2014
Assuming some creditor is trying to collect on a judgment, you should have been served a "Notice of Rights to Designate Exemptions". Included in...
Archived
I filed chapter 7 in Florida 2004 discharged now I live in Texas since 2010 and I want to change my full name. Can I change
Derek's answer
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Answered on October 22, 2014
If you want to change your name I do not see why a bankruptcy 10 years ago would have any impact on your ability to change your name now. If you ...
Archived
I am filing chapter 7 bankruptcy. I have a truck financed and would like to retain it.
Derek's answer
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Answered on October 22, 2014
If you are current on your truck loan and you want to keep the vehicle, you will probably need to enter into a reaffirmation agreement wherein you...
Archived
Can we file bankruptcy and keep our house and cars? Is our IRA protected if we recieve monthly draws from 72-T acct?
Derek's answer
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Answered on October 22, 2014
You should be able to protect your home and there is an exemption available to protect motor vehicles but the limit is fairly low ($3,500 here in...
Archived
My 341 meeting is coming up for my bankruptcy, what happens if one of my credits wants to object?
Derek's answer
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Answered on October 22, 2014
I assume you are the same person who filed without an attorney and you are the one getting nervous about not having an attorney. The creditors can...
Archived
Chapter 7 and cold feet with no Attorney
Derek's answer
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Answered on October 22, 2014
Unfortunately, many attorneys will charge at least as much, if not more, to come in and fix a mess than they would have to properly prepare and...
Archived
Attorney refused to file a response to auto lender's request for relief of stay. Why?
Derek's answer
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Answered on October 21, 2014
It is relatively uncommon, though certainly not unheard of, for a car creditor to file a motion for relief from stay and this may have been why...
Archived
What are the typical fees for executing a chapter 13 for a single male with a relatively small amount of unsecured consumer debt
Derek's answer
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Answered on October 21, 2014
That is a good price for a 13 but a little high for a Ch7. Where I practice (Eastern and Middle Districts of NC) the standard pre-approved fee for...
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