Archived
My Ex is filing bankruptcy (Chapter 7) and has included a debt owed to me that was in our divorce decree.
Donna's answer
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Answered on December 06, 2012
Unfortunatly, I don't believe this debt would be considered a DSO order since is is not support payments but a settlement of a debt. It can be...
Archived
We are in the process of filing for a "Hardship Motion" in our Chapter 13 case and we need some additional information.
Donna's answer
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Answered on December 06, 2012
A Hardship Motion can be difficult to get. You have to have a very compelling reason why you would not be able to complete the plan and that all...
Archived
I was previously garnished for a Capital One in 07/08 recently I am being pursued for this money again is this legal?
Donna's answer
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Answered on December 06, 2012
You need to get all the documentation together and mail, by certified mail, all the information on the garnishment. Make sure the lien was...
Archived
Is the lender in violation of bankruptcy law for charge unfair fees, and apply post petition payments on pre petition arrears?
Donna's answer
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Answered on December 06, 2012
The statements you receive from your mortgage company while your in a bankruptcy are for informational purposes only and in many cases are not...
Archived
Can we purchase a new home after BK discharged in 2008and the home not reaffirmed, and the home is set to foreclosure?
Donna's answer
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Answered on December 06, 2012
The banks have a "penalty" period of two years after the bankruptcy before they would even consider financing you for a mortgage. Once a...
Archived
Small claims court coming up, what happens if I file bankruptcy before the court date? Thank you.
Donna's answer
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Answered on November 30, 2012
Once the bankruptcy is filed your attorney should file a plea of stay in the small claims court which stops the lawsuit moving forward. A copy of...
Archived
We are in the process of filing bankruptcy. We started this process 6 mths. ago.
Donna's answer
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Answered on November 30, 2012
You should go see another attorney immediately. That attorney can check and see if a case has been filed. Unfortunately there are many new...
When filing chapter 13, is it common for your tax refund to be intercepted by the IRS until the debt is satisfied?
Donna's answer
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Answered on November 30, 2012
Whether or not your required to submit your federal tax refund is based on whether you are paying 100% to the unsecured creditors. If you are not...
Archived
Bankruptcy in Georgia - Sued for credit card debt.
Donna's answer
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Answered on November 30, 2012
You should consider settlement with the creditor because the $22,000 is liquidatable asset over and above what can be exempted out. You would...
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