Archived
We are eligible to file for chapter 7 from the means test. Can we keep nonexempt property that has equity (18 acres of land)?
Derek's answer
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Answered on July 28, 2013
You really need to discuss this with a local, experienced bankruptcy attorney familiar with hos this sort of thing is handled in your district in...
Archived
Can a lender repossess and sell vehicle that is in bankruptcy without notice?
Derek's answer
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Answered on July 27, 2013
Please call your lawyer. Repoing the car after your filed Ch7 is a violation of the stay and can subject the creditor to significant sanctions for...
Archived
Chapter 13
Derek's answer
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Answered on July 24, 2013
There is a specific provision in the bankruptcy code which prevents the modification of your home mortgage through the bankruptcy. This provision...
Archived
I fill chapter 13 in sept 2008.
Derek's answer
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Answered on July 23, 2013
The maximum length of a Ch13 is 60 months, but sometimes that is 60 months from confirmation. Confirmation takes place within 6 months of filing in...
Archived
My husband is filing chp 7 we have a copy of the deed it says all exemptions waived and either party may act what does this mean
Derek's answer
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Answered on July 23, 2013
It could mean a number of things, but without the context of the statement I don't know if your question can be answered. You should take this...
Archived
What counts as unsecured debt in a Chp 13 bankruptcy?
Derek's answer
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Answered on July 23, 2013
Yes, they will count. Where you live or where the corporation is based has no bearing on this issue. If the debts are not secured by your...
Archived
What type of attorney do I need?
Derek's answer
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Answered on July 23, 2013
You should consult with your Ch7 attorney and possibly with a foreclosure attorney. More than likely, if no reaffirmation agreement was signed...
Archived
I am getting a lawsuit settlement and in chapter 13 with husband. Settlement is in my name. Do I have to pay off his half of13
Derek's answer
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Answered on July 22, 2013
Whether you would have to use any of the settlement money toward paying off the Ch13 depends on a variety of factors including, but not limited to,...
Archived
What can be done when a CH 13 trustee paid held mortgage money to unsecured creditors?
Derek's answer
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Answered on July 21, 2013
I hate to fall back on the "Talk to your attorney" answer, but this is one where you really need to talk to your attorney about this.
Archived
I am 2 yrs into my chpt. 13 plan. I fell behind in my condo fees. Got letter to pay $4k in 30 days. Is payment plan an option?
Derek's answer
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Answered on July 21, 2013
Despite the fact that my colleagues gave what seems to be contradictory advice, I agree with both of them. If you are now making significantly...
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