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Our Heloc waas reaffirmed in bankruptcy but not our 1rst mortgage. We thought we reaffirmed both. Is there anything we can do ?
Daniel's answer
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Answered on April 23, 2013
Why would you reaffirm a mortgage, particularly a Heloc or 2nd mortgage. Unfortunatley, you signed a reaffirmation agreement. This can leave you...
Archived
I need to file an adversary proceeding. My BK was discharged in GA. The adversary proceeding is against CA Franchise Tax Board.
Daniel's answer
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Answered on April 23, 2013
All answer your questions in order.
The AP filed in GA would have jurisdiction if it was or is timely filed.
Yes a Ruling would be enforceable...
Archived
I filed for Ch. 7 BK after foreclosure sale and am planning to file lawsuit against trustee. Can I still prevent eviction?
Daniel's answer
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Answered on April 23, 2013
Since you filed Bankruptcy after the foreclosure sale, the automatic stay will not prevent an eviction. However, you are seeking a wrongful...
Archived
Am I responsible for any hoa fees on an auctioned property?
Daniel's answer
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Answered on April 23, 2013
I agree with the previous answer. Counselor did a great job in breaking down what you will be responsible for, under the various circumstances.
Can a cosigner sue the primary borrower on a student loan after a bankruptcy has been filed?
Daniel's answer
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Answered on April 23, 2013
There are variables that can not be answered with just the stated facts above.
First off, Student loans are typically non-dischargable in...
Archived
How long is the process for a foreclosure in Georgia?
Daniel's answer
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Answered on April 23, 2013
Yes you can stay in the home until the house is foreclosed on. Assuming you did nothing after missing payments (i.e. no negotiation, etc) You will...
Archived
My bankruptcy - assets
Daniel's answer
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Answered on April 22, 2013
In a Bankruptcy, you only need to list your assets that are in your name. In addition you only list creditors that you owe money too. So if the...
Archived
Can a dealership keep any of your deposit if no contract is signed?
Daniel's answer
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Answered on April 22, 2013
Difficult to answer because I am not sure what contract you are speaking of.
If you are in a Chapter 13, with a vehicle you had actually...
Archived
Need answers on settling my HELOC post ch7 - never reaffirmed either mortgage
Daniel's answer
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Answered on April 19, 2013
I am assuming that you still want to keep the property. If not, the debt has already been discharged so you have no legal obligation to pay them. ...
Selected as the best answer
How long after paying the retainer in full, should we recieve our bankruptcy court date?
Daniel's answer
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Answered on April 19, 2013
Though there is some strategy in waiting for filing a bankruptcy, waiting a year seems unreasonable. Normally waiting would be a matter of weeks...
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