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A Sheriffs sale is scheduled for December 18 2013 on my house, if I file for a Chapter 7 BK will that delay the sale
Derek's answer
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Answered on October 16, 2013
Yes, filing a Ch7 will stop the sale, at least temporarily. If you want to keep the house long term you will need to file a Ch13. If you just...
Archived
Wild Card Exemption
Derek's answer
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Answered on October 16, 2013
Nothing is "automatic" You have to specify the exemption you are claiming and failure to specify the exemption could result in the asset being...
Archived
Cary nc
Derek's answer
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Answered on October 15, 2013
Yes, if you file any chapter in Bankruptcy the card issuers will terminate access to the cards/credit as soon as they receive the notice you have...
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I just retained an attorney for a Ch 7, and now reviewing his agreement. I will give up my home. It states: (little shortened)
Derek's answer
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Answered on October 15, 2013
The extra fees are for extra work done that many clients with plain vanilla cases do not require so charging everyone for these services would be...
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If mortgage payments are stopped prior to the actual filing for Ch7 bankruptcy, will it put the foreclosure on hold?
Derek's answer
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Answered on October 15, 2013
Yes, filing a Ch7 will put a temporary halt to the foreclosure process. As my colleague mentioned, just because you are three months behind does...
Archived
Me and my spouse are in chapter 13 together. She loses her job. Her 401K is protected under the chapter 13. Can she cash out ?
Derek's answer
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Answered on October 14, 2013
Depending on the policies of your trustee he or she may try to go after any 401k cash outs. I think they should not as taking $ out of a 401k is...
Archived
I filed bankruptcy on a property. the bank followed foreclosure action twice on it. Even scheduled a auction twice. Cancelling
Derek's answer
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Answered on October 14, 2013
A creditor does not ever have to take steps to collect on a debt and mortgage liens never expire unless they are satisfied in some fashion, so...
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Archived
I am in a 5 year CH 13 plan. I will be getting more income this year. What happens now?
Derek's answer
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Answered on October 11, 2013
The only creditors who will get paid are the ones that timely filed Proofs of Claim in your case, so the unsecured creditors who filed a proof of...
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Archived
Does a Judgement Lien Expire
Derek's answer
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Answered on October 11, 2013
Probably yes, But when is the question. In NC where I practice a judgment and the associated lien lasts for 10 years and can be renewed for...
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Schedule C - Property Claimed As Exempt
Derek's answer
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Answered on October 11, 2013
If you do not claim your exemptions properly you could waive them and those items which you may have been able to claim as exempt if properly...
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