Archived
When Refiling for bankruptcy. Will the court notify you if it does not grant the automatic stay due to previous bankruptcyFIL?
Derek's answer
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Answered on June 23, 2014
I have always believed that the relevant information was the number of cases ACTIVE in the year prior to filing not, necessarily the filing dates...
Archived
My no-asset chapter 7 bankruptcy discharged on 6/2/14. When I can I sell my home?
Derek's answer
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Answered on June 23, 2014
You need to check to see if your case has officially closed and the trustee has abandoned his interest in your property. If that has occurred, you...
Earned but unpaid wages in bankruptcy.
Derek's answer
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Answered on June 23, 2014
The answer is in your state's exemption statutes and it will be easy for a practitioner in MO to advise you what those statues say. Do yourself a...
Archived
Can I get rid of my homeowners association lien in a Chapter 7 bankruptcy?
Derek's answer
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Answered on June 22, 2014
Theoretically, yes. Practically, maybe. It depends on what your home is worth and how much any superior liens are. If the of any any prior liens...
Archived
I had a chapter 7 discharged in March of 2012 . I did not reairm loan with Toyota now the car is worth about 10 K and I owe 20 K
Derek's answer
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Answered on June 22, 2014
Assuming you are correct that you did not reaffirm the debt on the car, you can give it back and will not owe Toyota Motor Credit anything.
Archived
Will a Chapter 13 bankruptcy work for me?
Derek's answer
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Answered on June 21, 2014
You do have to be able to propose a "feasible" plan, which means it pays a sufficient amount to satisfy the means test and pays enough to cure any...
Archived
I filed chapter 7 in 2009. I have since fallen on very hard times. I made 18,000 last year and my family size is 3.
Derek's answer
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Answered on June 20, 2014
Chapter 13 might help, but more than likely you'd have to pay at least something to your creditors and your attorney's fees. In my district the...
Archived
If your wages are garnished after you file bankruptcy where are the funds returned to
Derek's answer
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Answered on June 20, 2014
Any wages garnished after your filing date should be returned to you. Any wages garnished in the 60 days prior to filing may be returned to either...
Chapter 7 Second mortgage discharged now new note holder threatening to foreclose
Derek's answer
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Answered on June 19, 2014
As my colleagues indicated, the Ch7 discharged your friends' personal liability but did nothing to the lien on the property. At this point the...
Archived
My husband received a VA disability lump sum payment, can our bankruptcy take it from us?
Derek's answer
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Answered on June 19, 2014
You should definitely discuss this with your husband's bankruptcy attorney. No "I suppose" about it.
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