Archived
I am going through a divorce and I am doing a pro se. My husband’s attorney has asked me to sign a stay (Chapter 13)?
Mario's answer
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Answered on September 15, 2020
I believe you need to get permission from the bankruptcy court in order to pursue your divorce. Otherwise, you could be in contempt of the...
On a Chapter 7 Bankruptcy how is the ownership of a S-Corp handled?
I assume it is not part of the Chapter 7?
Mario's answer
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Answered on August 29, 2020
Good question. Your stock in the S-corp is property of the estate in your personal bankruptcy case. The Trustee can take over (and vote) your...
a second mortgage in 2006 The finance company I used dissolved in 2008 the lien is still showing. no contact for collection
Mario's answer
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Answered on August 29, 2020
You may have to track down the individuals who ran the company and see if they will cancel the debt. You can get that information through the...
Archived
Can someone who did not follow through on their contract file bankruptcy to be unable to refund the money?
Mario's answer
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Answered on August 29, 2020
Yes, your contractor can file bankruptcy without refunding your money. You will have the opportunity to contest the debt's dischargeability. ...
Archived
My mortgage servicing doesn't make sense with my principal balance? I have tried numerous times to have my principal explained
Mario's answer
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Answered on August 27, 2020
In the first 15 years of a loan, little money is applied to the principal balance. So missing payments can increase your balance significantly in...
Can the HOA board members charge interest during bankruptcy? and charge fees for lawyer services not yet received?
Mario's answer
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Answered on August 26, 2020
It depends on the language in your subdivisions covenants and by-laws. I suspect strongly that these documents allow attorney's fees. But it is...
Archived
Bankruptcy. File high or file low?
Mario's answer
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Answered on August 25, 2020
I am sorry to read about your husband's passing. It looks like you have a good Chapter 7 case. Social Security income does not count on the means...
Can I exempt a credit card from chapter 7 bankruptcy?
Mario's answer
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Answered on August 25, 2020
You can't leave any debt out of a bankruptcy case. All creditors mus be listed. It could well be fraud to continue to use the card if you don't...
Archived
Can a deficiency of judgement be made against the defendant, if the defendant was not part of the mortgage?
Mario's answer
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Answered on August 25, 2020
Only those who signed the mortgage can be held responsible for the debt. Sometimes a person will be named a defendant in a foreclosure case...
Archived
When a Person gets a divorce and signs everything to the other house property can that Person go bankrupt immediately
Mario's answer
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Answered on August 25, 2020
If you signed for the rent or other debts, the creditor can go after you regardless of the divorce. A common misconception about divorce is that a...
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