Archived
I filed Ch 7 in '01 in GA. A discharged debt over $5,000 was taken out of a real estate closing in '06. Is it legal?
Derek's answer
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Answered on February 08, 2013
There are a couple issues here. First, I would guess that the creditor who got paid had filed a lien against the property and unless a motion to...
What does it mean balance on hand
Derek's answer
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Answered on February 08, 2013
My colleagues are correct. The balance on hand is the amount currently held by the trustee that has yet to be distributed to your creditors on your...
Archived
I am engaged and have filed a Ch.13 in NC, when would be the earliest month to set for marrying without him being affected?
Derek's answer
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Answered on February 07, 2013
I practice in Raleigh and your husband's income would definitely be considered, especially if you marry prior to filing or prior to your meeting of...
Archived
The Bank charged off my 2nd mtg. It is 10m underwater. I am considering a Chapter 7. Will lien be stripped? I live in Florida.
Derek's answer
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Answered on February 06, 2013
If you actually have equity above the amount of the first mortgage that secures the second for as little as a dollar, then you cannot strip the...
Archived
Can I file civil suit for damages during the period someone filed bankruptcy?
Derek's answer
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Answered on February 05, 2013
As much as you do not want to hear it, you will spend close to the $4k in damages they caused in attorney's fees to litigate whether the debt is...
Archived
Can I convert my chapter 13 to chapter 7 and keep one of my financed vehicles????
Derek's answer
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Answered on February 05, 2013
You are not yet eligible to get a discharge in a Ch7 if you filed and received a discharge in 2006. You have to wait 8 years from filing date to...
Archived
My BK attorney has been suspended. I've been discharged but Trustee wants amended form b22 & also payment of assets in 10 days.
Derek's answer
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Answered on February 05, 2013
You need to contact an attorney in Denver ASAP. Mr. Harkness is a regular contributor here on AVVO and his advice is sound, so he would certainly...
Archived
Can I rent my Florida home if I'm currently in Chapter 13?
Derek's answer
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Answered on February 05, 2013
If you have an attorney, ask him/her, but I think the answer is yes you can rent the property. If the rental creates income to you you may have to...
Archived
Filed for Chapter 7 bankruptcy in October 2012. Can I apply my 2012 tax return to 2013 estimated taxes due?
Derek's answer
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Answered on February 05, 2013
If you properly exempted your tax refund you could do with it what you want. However, since the Trustee has asked for you to turn it over (at...
Archived
USC 523 a 15
Derek's answer
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Answered on February 04, 2013
The smart ass answer is that a property settlement can be discharged in a 0% Ch13 but not in a Ch7 is because Congress, in their infinite wisdom,...
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