Archived
Chapter 7 pays all loans at 100%, but the Students loan? High asst case.
what order, secured & unsecured loans are paid?
Derek's answer
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Answered on August 27, 2014
The fact that you filed bankruptcy does not put an end to interest being charged on your student loans, regardless of whether you filed a Ch7 or a...
Archived
Am I liable for a default judgement that wasn't included as a judgement, but was listed as a original creditor?
Derek's answer
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Answered on August 26, 2014
Assuming your Ch7 case was a "no asset" case meaning nothing was taken by the trustee to liquidate to pay your creditors, then your personal...
Archived
Chapter 7 Bankruptcy Discharge
Derek's answer
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Answered on August 26, 2014
Far too late even if there were any assets to distribute. If a debtor has an asset case, the trustee will notify the creditors to file a Proof of...
Archived
What is the process to modifying a confirmed chapter 13 case to include mortgage debt, with no modification of payment?
Derek's answer
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Answered on August 26, 2014
If you file a motion to modify your plan to surrender the property, it you will need to disclose the reasons therefore and the impact on your...
Archived
I want to file bankruptcy a.s.a.p! Do my house have to be in foreclosure in order for Legal aide to do my bankruptcy?
Derek's answer
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Answered on August 26, 2014
If you are current on your house payment, you could file a Ch7 based on your income. You indicate you want to save your house which implies you...
Archived
Chapter 13 bankruptcy 2nd mortgage discharged
Derek's answer
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Answered on August 26, 2014
If you had an attorney help you with your Ch13, contact your attorney. If you did not have an attorney, get a certified copy of the Order...
Archived
My spouse and I are getting a divorce, I filed for bankruptcy, and he wants me to do a quit claim on our former home.
Derek's answer
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Answered on August 26, 2014
Wait until your case closes shortly after your discharge, then you can QC the house to him if you choose.
Archived
I am needing to update my exemptions for a creditor, can I just file a new Motion to claim exemptions?
Derek's answer
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Answered on August 25, 2014
In NC the process for claiming exemptions is that first a creditor gets a judgment against a debtor, then the creditor seeks to collect on that...
Archived
I am getting ready to file a chapter 7. I sold one of my vehicles and plan on using half of the money to pay off my prepaid
Derek's answer
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Answered on August 25, 2014
Selling the vehicle for fair market value is okay. With the exception of paying your attorney, the rest of the things you indicate you plan on...
Archived
Will the mortgage company do a loan modification while I am in a chapter 13?
Derek's answer
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Answered on August 25, 2014
Whether your mortgage company will modify your mortgage has more to do with your particular situation than with the fact that you may be in a Ch13....
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