Archived
Is there any situation in which a debtor may be required to reaffirm a debt in a ch7? Example cases or statute would be helpful!
Mario's answer
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Answered on November 16, 2014
Reaffirmation must be voluntary. You can't be forced into it. As for retain and pay, it is a good idea but you have to be careful with certain...
Can a chapter 13 trustee take my personal injury settlement if the chapter 13 was filed years before the settlement came ?
Mario's answer
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Answered on March 07, 2013
The Court will have to approve your settlement. When that happens, the Trustee may well ask the Court to for your portion of the settlement to be...
Archived
Does a foreclosing attorney has a duty to substantiate the validity of the documents his client is using to forclose?
Mario's answer
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Answered on December 16, 2012
There are legal requirements that the documents must meet. It is up to you to stop a foreclosure either by lawsuit or bankruptcy. You should have...
Archived
Im expecting money in the next 60 days my house in in foreclosure can i file chap 13 to save and once funds get here pay off
Mario's answer
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Answered on December 16, 2012
You can certainly file Ch. 13 and keep the money; however, the amount of money you have on hand may increase your Ch. 13 plan payment. If you have...
Archived
Chapter 13 my wife is on loan im on were both on deed can i file to stop foreclosure in georgia
Mario's answer
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Answered on December 16, 2012
As long as you are on the Deed, you can file. Make sure you are able to pay the regular mortgage payment going forward, plus a Chapter 13 "plan...
Archived
If a sole proprietorship is worth less than the exemption amount may i continue to operate the business post bankruptcy ch.7
Mario's answer
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Answered on August 10, 2011
I agree with the incorporation strategy. Also, what kind of business do you have. If you are a truck driver, real estate sales person, etc. and...
Archived
For filing Ch. 7 bankruptcy in Multnomah County, Oregon, On Schedule C, do I check 11U.S.C. 522 (b)(2), or 11U.S.C. 522 (b)(3)?
Mario's answer
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Answered on August 10, 2011
You can go to Nolo.com for help. However, keep in mind that a Ch. 7 can turn into your worst nightmare if you proceed without an attorney. There...
Archived
Chapter 13 bankruptcy - In the event of lienstripping, is a HELOC treated any differently than a regular 2nd mortgage.
Mario's answer
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Answered on August 10, 2011
It is a 2nd mortgage as the others have stated and a lien strip should work. Be sure your attorney checks the real estate records to see if the...
Archived
Claim Chapter 13 to eliminate 2nd mortgage?
Mario's answer
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Answered on August 10, 2011
I agree with the other attorneys about stripping the lien in Ch. 13. To answer your other question, there is not minimum debt limit to file a...
Archived
Selling your home in a Chapter 13
Mario's answer
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Answered on August 10, 2011
It will depend on many of the factors cited by the other lawyers above. One thing that will help you is if you can keep the property fully insured...
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