We just filed Chapter 13 and our car's transmission went out and do not have the money to fix it. What are our options?
Eugene's answer
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Answered on September 18, 2012
I would advise my client to amend the plan to surrender the car. Be careful though, because if you are paying 100% to your unsecured creditors, it...
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Bankruptcy filing on Statement of Affair,when asking about transfer of property does it mean "cars" or just property like land
Eugene's answer
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Answered on September 18, 2012
The question refers to the transfers of any proeprty, whether real or personal, tangible or intangible.
Archived
I live in Georgia but work in Florida and need to speak with a lawyer about filing for bankruptcy. Which state do I use?
Eugene's answer
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Answered on August 29, 2012
I agree with my colleagues. The proper jurisdiction (place) to file is where you have been residing for the 91 days preceding the filing of your BK.
Archived
Can I remove a "Repossession Recovery Attempt stop " from my drivers License by filing bankruptcy-chapter 13
Eugene's answer
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Answered on August 12, 2012
The filing of a bankruptcy imposes the automatic stay which prohibits creditors from taking any action to collect or enforce the debt. In my...
Archived
In bankruptcy now, dade county florida, included condo in bankruptcy, when do I have to move out?
Eugene's answer
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Answered on April 08, 2010
You should speak with your attorney (assuming you have one) about the consequences of staying in the condo too long but, generally speaking,...
Archived
Garnishment of Disability benefits
Eugene's answer
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Answered on March 29, 2010
If they are federal student loans, then yes, social security disability payments can be garnished under the Treasury Offset Program. Check out...
Archived
Student loan garnishment help
Eugene's answer
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Answered on March 29, 2010
It appears your student loans were referred to the U.S. Treasury Offset Program. Federally guaranteed student loans can be collected by way of...
Archived
Im in the active chapter 7 bankruptcy pending loan modification. Can I file a 13 immediatley after 7 discharge?
Eugene's answer
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Answered on February 18, 2010
You need to speak with your atty about this ASAP. If your Ch 7 is discharged and you did not enter into a reaffirmation agreement ("reaff") with...
Archived
Must I pay property taxes on land that was collateral against a discharged bank loan since the bank will soon own the land?
Eugene's answer
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Answered on February 18, 2010
Unless you deeded the property to the bank, the bank must foreclose to take title. As part of the process, the property taxes will be paid by the...
Thirft Savings Plan (TSP) Loan payback as disposable income in Chapter 13
Eugene's answer
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Answered on February 16, 2010
This is a bit of an anomaly on the means test. Repayment of 401(k) or TSP loans are allowed as expenses on a chapter 13 means test but not chapter...
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