If you have to reopen a bankruptcy that has already been discharged will the original discharge dates change.
Derek's answer
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Answered on August 07, 2014
The discharge date will not change. As my colleagues advise, do not take legal advice from a creditor, especially from the customer service...
Archived
Do I need to file a Chapter 13 Bankruptcy if my house is in foreclosure?
Derek's answer
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Answered on August 07, 2014
I agree with all my colleagues who advise that a Ch13 could help you, provided you can make the payments. You estimated you owe mortgage arrears...
Archived
Exempt Assets when one spouse files for bankruptcy
Derek's answer
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Answered on August 06, 2014
If you claim the property as exempt under entireties, I don't think the equity needs to be divvied up. At least, it would not here in NC....
Archived
How is the 6-month look-back for median income calculated when a chapter 13 is converted to chapter 7?
Derek's answer
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Answered on August 06, 2014
Yes, you can covert based on a change of circumstances which you can detail in your notice of conversion. There may well be opposition from the...
Archived
Judgment released after Chapter 7 Bankruptcy 5+ years ago. Who to contact or do I need to file with court.
Derek's answer
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Answered on August 06, 2014
Your personal liability for the judgment was discharged by the bankruptcy. When a judgment is obtained it normally attaches to any real property in...
Archived
What happens to my payment plan if $110k out of $200k of debt was forgiven one year after I was confirmed?
Derek's answer
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Answered on August 05, 2014
Yes, you may be able to modify your plan or dismiss your plan. Your attorney should be able to give you better advice than we can so talk to him...
Archived
Chapter 7 withdrawal or any other option after the debt of 1.2 mil, the judge ruled it was malicious and caused injury.
Derek's answer
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Answered on August 04, 2014
I agree with my colleagues that you need to either sit down and discuss this in more detail again with your lawyer, or pay for a review of your...
Archived
Serving Motion to avoid lien in chapter 7 bankruptcy
Derek's answer
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Answered on August 04, 2014
Ms. Larkin is correct. You will need to serve both and if the creditor is insured by the FDIC, you need to serve them at the address listed on the...
Archived
Credit card debt question
Derek's answer
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Answered on August 04, 2014
For a thorough analysis of your situation, I recommend you take advantage of the fact that many bankruptcy attorneys offer free consultations. I...
Archived
Can I collect my judgement against a guy who filed chapter 7 bankruptcy, if I sued him after it was completed.
Derek's answer
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Answered on August 04, 2014
No, the judgment you obtained violated the automatic stay and is invalid unless the debtor had an "asset case". You reside in the 9th circuit and...
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