Archived
If mortgage lenders are not included in a Chapter 13 repayment plan can they seek payment after discharge?
Derek's answer
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Answered on April 14, 2014
If the property was surrendered to the mortgage creditor and the creditor had the opportunity to file a proof of claim in your Ch13 but chose not...
Archived
How do I know exactly what debts I'm no longer responsible for after my bankruptcy has been discharged?
Derek's answer
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Answered on April 14, 2014
All of the debt you had prior to the filing of your bankruptcy has been discharged unless a creditor filed a motion to exempt their debt from...
Archived
We have approximately 2 months left in chapter 13 bankruptcy. My parents want to purchase a camper and put the title in my name.
Derek's answer
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Answered on April 14, 2014
Either way probably not a problem, but waiting entails the least possible risk. Given that you only have 2-3 more months til your case finishes...
Archived
Chapter 7 filling and attorney fee.
Derek's answer
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Answered on April 14, 2014
Attorneys fees vary and are, as Ms. Larkin indicated subject to scrutiny by the court. I strongly recommend you consult with a few attorneys and...
Archived
I am renting in NC, my landlord resides in IL and has declared bankruptcy. He has named me as a creditor. He will not repair the
Derek's answer
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Answered on April 14, 2014
Your landlord is required under NC law to maintain a separate trust account into which he deposits any security deposits, but he is not required to...
When does the day start counting in a chapter 13 plan.
Derek's answer
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Answered on April 14, 2014
Your first payment is due the first day of the month after filing, so if you file on the first of the June, your first payment will be due July 1. ...
Archived
I just got paperwork from my mortgage company listing the date of foreclosure sale in August, can I wait until July to file 13?
Derek's answer
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Answered on April 11, 2014
As Ms. Larkin indicates, there is no automatic bar to refiling and you may well be able to refile immediately unless the judge order that you not...
My mobile home was discharged in bankruptcy and not reaffirmed. If I surrender after making payments is it a repossession?
Derek's answer
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Answered on April 11, 2014
I agree with much of what Mr. Granvold said. My only quibble is that I do not believe that a repo post discharge should be reported as a repo. I...
Archived
Are criminal court cost, fines and civil code enforcement fines able to be covered in a chapter seven bankruptcy?
Derek's answer
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Answered on April 11, 2014
I think the civil code enforcement penalties are probably dischargeable but the criminal fines and costs are definitely NOT dischargeable in any...
Archived
I filed chapter 13 in 2011, signed a lease agreement in 2009 will I lose my security deposit to chapter 13
Derek's answer
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Answered on April 11, 2014
How are we to know? The deposit should have been listed as an asset and, hopefully, exempted and what happens to it should have been discussed in...
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