Archived
If there is a Motion to Dismiss filed does the court always set a hearing or only when the Judge finds that there is good merit?
Derek's answer
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Answered on April 24, 2012
Unlike a Ch13 where the debtor has a right to dismiss their case at any time, there is no right to dismiss a Ch7 and if the trustee does not...
Archived
Would it be possible to buy a car while you are in active chp13?
Derek's answer
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Answered on April 23, 2012
As indicated by my colleagues, you will need to file a Motion to Incur Debt to buy a car this expensive. As long as you can pay for it without a...
Archived
Can a debtor refile for Ch 13 bankruptcy protected after the case is dismissed.?
Derek's answer
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Answered on April 23, 2012
Yes, a debtor can refile after a previous case has been dismissed. If he had a previous case pending within 12 months of the date of filing of the...
Archived
Hardship?
Derek's answer
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Answered on April 23, 2012
Although a conversion to a Ch7 will require attendance at another 341 meeting and payment of a conversion fee to the bankrutpcy court and probably...
Archived
What to do if i'm being blackmailed?
Derek's answer
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Answered on April 23, 2012
I agree that you need to call your attorney to ask him if you should file the amendment. Given the likely very low value of the motorcycle, he/she...
Archived
Chapter 13 Bankruptcy Florida
Derek's answer
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Answered on April 23, 2012
The two biggest reasons that Ch13 cases are dismissed are 1) that the plan you propose is infeasible, meaning that for some reason it does not pay...
Archived
Can a third party step-up to the plate and help with additional income for a person who needs to file a chapter 13?
Derek's answer
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Answered on April 19, 2012
Sure, this happens with some regularity. But as Ms. Mohr indicated, your daughter wnd her husband are making a long term committment to give you...
Archived
Chapter 7 discharge time
Derek's answer
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Answered on April 18, 2012
I don't practice in Maryland so I am not sure, but I agree that it is a little strange. I think it is likely just a clerical oversight. From the...
Archived
If I file a chapter 13 do I have to list all my debts or just the secured ones like my two mortgages?
Derek's answer
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Answered on April 18, 2012
Mr. Oney is correct. You have to list all your assets and all your liabilities or, more colloquially, you have to list everything you own and...
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Archived
Chapter 13 questions
Derek's answer
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Answered on April 18, 2012
Yes. You have sufficient interest in the property to file a Ch13. You should also have an estate for the decedant set up so the the property can...
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