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December of 2009 I filed Chapter 7. April of this year I was laid off my job. Need to file again. What are my options?
Derek's answer
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Answered on September 19, 2014
As my colleagues indicate you are not eligible to file another Ch7 until 8 years have passed since the filing of your first Ch7. A ch13 could work...
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Before I chose to file chapter 7, I told the attorney I had a lawsuit pending and had file 14 months prior., he said
Derek's answer
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Answered on September 19, 2014
You've asked this a couple times. The answer is still that you cannot voluntarily dismiss a ch7 without court permission which will be very...
Archived
I filed chapter 7 bankruptcy on all moneys owed. Received letter from IRS that I misrepresented my income, now owe them 10,000
Derek's answer
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Answered on September 19, 2014
As my colleagues suggest, this is a very serious issue and you need to consult with competent legal counsel rather than rely on answers in a...
Archived
We purchased a used van 93 days before we were served with the motion to claim exempt property. Is it exempt up to $3500?
Derek's answer
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Answered on September 19, 2014
NC law says items purchased within 90 days are ineligible for the exemption, so if purchased 93 days prior you should be okay. Exemptions are to...
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I received a motion to dismiss from Ohio's Chapter 13 Trustee; my lawyer said nothing can be done, is this true?
Derek's answer
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Answered on September 19, 2014
Where I practice you could enter into an agreement with the trustee to bring your payments current over 6 months called a Consent Order. Whether...
Archived
Can chapter 13 be dismissed if i return car (only thing being paid in the chapter 13)
Derek's answer
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Answered on September 19, 2014
As my colleagues indicated, this is not the wisest course of action to take, unless you want to have not only a bankruptcy on your credit but also...
Archived
Can I voluntarily cancel a Chapter 13, then turn around and file another Chapter 13?
Derek's answer
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Answered on September 18, 2014
While there may be advantages to finishing your plan as Mr. Shuster suggests, if you have a sizable amount of post petition debt, it might make...
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Fees mortgage company can charge while in chapter 13
Derek's answer
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Answered on September 18, 2014
What they can charge is dependent on a couple of factors (at least). First, the local rules of your district, second your contract with the...
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Archived
Do I need an lawyer, and what can I expect to happen?
Derek's answer
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Answered on September 18, 2014
Child neglect charges are always serious and can lead to very serious outcomes up to possible jail time and removal of your children, so yes, you...
Archived
Can I withdraw myself from a Chapter 7 bankruptcy? I filed with my husband but now I changed my mind.
Derek's answer
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Answered on September 18, 2014
Unlike in a Ch13 which can be voluntarily dismissed, there is no right to dismiss a Ch7. There may be ways to get your case dismissed, such as...
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