Archived
Is it possible to have my student loans forgiven, or at least some (federal and private), if I've been without a job for months?
Derek's answer
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Answered on August 29, 2014
As my colleagues indicate, bankruptcy will not help unless you can show "undue hardship". The test used in most parts of the country is the...
Is there a way to expedite a Chapter 13 discharge after filing the Certificate of Compliance?
Derek's answer
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Answered on August 29, 2014
I agree with my colleagues that the process is what the process is and there is not likely to be a way to speed it up. Congratulations on finishing...
Archived
Can a third party that I borrowed money from is able to sue chapter 7 trustee?
Derek's answer
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Answered on August 28, 2014
Anybody can sue anybody for anything. The question is will you win if you sue? Or will you be subject to sanctions for filing a frivolous lawsuit?...
Archived
I filed chapter 7 bankruptcy back in August 2009. I had some unpaid attorney fees at the time of the discharge.
Derek's answer
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Answered on August 28, 2014
The BBB may help. The state bar may help. But if you owed your attorney for post petition (meaning anything he charged you for services that were...
CH 7 was discharged on my home, can I now sign a quit claim deed to my ex-spouse to get rid of it completely?
Derek's answer
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Answered on August 28, 2014
If your ex fails to actively reject the deed, it might work. I disagree with my colleague that says he has to sign the deed. In my state (NC)...
Archived
Will an attorney be able to help me in getting a rental property out of my name?
Derek's answer
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Answered on August 28, 2014
No. Surrendering a property does not force the mortgage holder to foreclose or accept a deed in lieu of foreclosure. This is a problem nationwide...
I am a cosigner on a loan and filed ch 7 and reaffirmation as well and now can no loner make payments whos' responsible???
Derek's answer
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Answered on August 28, 2014
If you filed a reaffirmation agreement and the time to rescind that reaff has passed, then you are and will continue to be responsible for the...
Archived
What if I forgot to list a creditor in my chapter 7 filed in Massachusetts ?
Derek's answer
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Answered on August 27, 2014
You live in the area which consists of the First Circuit Court of Appeals and in the first circuit, unlike much of the rest of the country, a debt...
Archived
How long does it take for a "warrant in debt"
or judgement to be issued and executed?
Derek's answer
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Answered on August 27, 2014
Glad to see you are not going to file without an attorney, but the questions you pose are questions you need to ask the attorney. I do not practice...
Archived
FILING A CHAP13, DO I HAVE TO LIST A PROPERTY THAT I PLAN TO SURRENDER IN SHORT SALE WITH COURTS APPROVAL
Derek's answer
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Answered on August 27, 2014
You do not need to list the debt on schedules D or F but you would need to specify that you intend to surrender or short sell the property in your...
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