Archived
In Texas under chapter 13, can underwater portion of mortgage on primary home be discharged after the 5 year period is over?
Derek's answer
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Answered on January 08, 2014
Short answer is no. Long term debt is not discharged in a Ch13 so a mortgage that is brought current over the course of the Ch13 will not be...
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Archived
Requirement(?) under NYS attorney certification rules to inform state court about new key mortgage documents findings?chapter13
Derek's answer
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Answered on January 08, 2014
Retain an attorney familiar with these issues in NY or prepare to lose what may be a winnable case.
Archived
Can I keep my house and car if I file Chapter 7 bankruptcy? Being unemployed a help or hindrance?
Derek's answer
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Answered on January 06, 2014
Being unemployed will help with the means test because you have some period of time with either no income or very minimal income. Being unemployed...
Archived
Am a cosigner on a commercial loan for $650 thousand dollar . The borrower filed for chapter 13 and now the creditor sued me for
Derek's answer
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Answered on January 06, 2014
As Mr. Riddle indicated if you do not have a lawyer assisting you need one, YESTERDAY. Susanne Robiscek and Chris Karrenstein are among many...
Archived
Should I file chapter 13?
Derek's answer
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Answered on January 05, 2014
A chapter 13 may well work for you, however, we do not have nearly enough information to give you any advice beyond, take advantage of the fact...
Archived
Chapter 7
Derek's answer
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Answered on January 05, 2014
If the lender has filed a motion for relief from the stay, my guess is that they are no longer interested in working with you and also they will...
My chapter 13 was dismissed and my car was repo can my attorney get my car back if it reinstated
Derek's answer
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Answered on January 03, 2014
If your case is reinstated it will be as if the stay never lifted, though, obviously, there would not be any sanctions on the creditor for...
Archived
Recieved a Chap 7 discharge last month,. Before the discharge (a week before to be precise) I financed a vehicle but lost my job
Derek's answer
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Answered on January 03, 2014
If you incurred the debt (bought and financed the car) after you had filed your bankruptcy, then the discharge will not affect your liability and...
Archived
Filed chapter 7 and choose to keep my auto and home do I need to sign a affirmation agreement or should I sign one
Derek's answer
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Answered on January 02, 2014
I would not recommend signing a reaff on your mortgage, whether first or second. You may have to sign a reaff on your car as there is a specific...
Archived
My bankruptcy case has recently been dismissed. My question is, all the funds that were garnished from me will I get it back?
Derek's answer
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Answered on January 02, 2014
Whether you receive refund of any or all of the money paid into your plan depends on whether your case was confirmed and what the local practices...
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