Archived
I received a "notice of right to have exemptions designated" resulting from a judgment, what is my best option to handle this?
Derek's answer
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Answered on November 04, 2013
YES, you need to fill out and file the Motion to Claim Exempt Property with the Clerk of Court and serve a copy of the Motion on the attorney for...
Archived
Chapter 13
Derek's answer
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Answered on November 04, 2013
Although I agree with my colleagues that much more information is required to give you a definitive answer, my guess (and it is only a guess) is...
Archived
Should Social Security Disability be included in the calculation of disposable income for Chapter 13 payment?
Derek's answer
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Answered on November 04, 2013
While SS benefits are not included in the means test calculations, they can be used to determine feasibility of a proposed plan, but whether they...
Archived
Filed Chptr 7 in 08. 1st and 2nd mort not reaffirmed. Can I lien strip 2nd mortgage in Florida? 2nd was more than 1st mort .
Derek's answer
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Answered on November 04, 2013
Even in Florida (which is the only district allowing lien strips in Ch7s right now), the value of the home has to be less than the amount owed on a...
Archived
What is the statute of limitations on serving an adversary proceeding in a chapter 7 case in WA State?
Derek's answer
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Answered on November 04, 2013
The notice of bankruptcy filing that you received lists the deadline to file a complaint. Look for the "Deadlines" section about half way down the...
Archived
My sister died on Oct 11, 2013. She had credit card and medical debt. Her estate is zero. How do I handle this?
Derek's answer
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Answered on November 01, 2013
My condolences for your loss. The proper way to handle this is to set up an estate through the special proceedings division of the clerk of court...
Archived
Can I file an amended chapter 7 to include homestead exemption after creditors' meeting has taken place?
Derek's answer
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Answered on October 31, 2013
Yes, you can amend your filings, though the trustee then has the opportunity to object to any amendments. Unless there is a benefit to the estate...
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Archived
Can I get a non FDIC loan to pay off my ex wife's portion of the mortgage? Filed chapter 13 last year.
Derek's answer
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Answered on October 31, 2013
As my colleagues indicated, you're asking the wrong folks. You need to ask bankers/mortgage brokers. Actually, your brother needs to ask the...
Archived
My chapter 13 was started because my hoa wanted to foreclose on my house. I owe them about $13,000 and credit card bills $45k.
Derek's answer
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Answered on October 31, 2013
Depending on whether you pass the means test or not, now (including your wife's income because Congress says you must) you may want to consider...
Archived
Im confirmed in chapter 13 for a $1000 per month
Derek's answer
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Answered on October 31, 2013
The trustee does not have the authority to dismiss your case. The judge does. The trustee will certainly state his opinion about whether any...
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