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I need to file for "undue hardship" to get my private and federal loans discharged. What is the correct way, chapter 7 or 13?
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Answered on December 29, 2013
You are going backwards. First, you have to see if you qualify for Ch. 7 or Ch. 13, and see which is best for you. Then you consider the student...
Archived
What can a secured debtor face in a Chapter 7 bankruptcy proceeding?
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Answered on December 29, 2013
The list is long. In Georgia, the Trustee will carefully review all of the relevant documents to see if your lien could be avoided and the...
How can I find out if a second mortgage has been taken out against my property by my spouse without my knowledge.
Scott's answer
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Answered on December 29, 2013
If you are in the process of filing for divorce, your divorce lawyer can easily find out what is recorded. You are certainly free to go to the...
Archived
Can a creditor ask for more money from you via an adversary motion in chapter 7
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Answered on December 28, 2013
They can claim as much as they believe is due. You don't have to agree with it. That is why you file an answer and defenses. Your question...
Archived
Any law against filing a police report ? In bankruptcy now
Scott's answer
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Answered on December 28, 2013
Several posts have been made about this same thing and the alleged fraud, and several ways to make the allegations. As stated the last time this...
Archived
I'm the primary on an auto loan. The co-buyer has the car and isn't making the payments. Can I legally get the car back and how?
Scott's answer
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Answered on December 28, 2013
You don't tell us the most important facts. Are you an owner on the title?
Archived
If someone messed up your selling account on ebay?
Scott's answer
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Answered on December 27, 2013
Your post makes little sense, and is completely lacking in any details to tell us what actually happened.
Archived
Will an asset listed as exempt in Chapter 7 filing be considered discharged?
Scott's answer
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Answered on December 27, 2013
Yes, the debt is discharged. Assets don't get discharged.
Archived
2 years ago I filed bankruptcy chapter 13 but the attorney did not put all that I asked him to on it, can I file again?
Scott's answer
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Answered on December 27, 2013
You leave out a great many details. It tells us almost nothing to say the lawyer did not "put all that I asked him to on it." Did you read the...
Archived
Can an auto finance company chargeoff your car loan while active in bankruptcy before the discharge?
Scott's answer
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Answered on December 27, 2013
A "charge off" is an accounting term so you should not be hung up on that. Yes, if you are in a Ch. 7, they don't have to take your payments or...