Archived
Can I file a chapter 7 if my permanent Hamp mod is not recorded with the county yet?
Alison's answer
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Answered on May 20, 2013
In my experience the banks are not recording modifications. You should be able to file a Chapter 7 at this point with no problem, but be sure that...
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Archived
Would a fully disabled spouse be a "dependent" as qualified in fla.stat 222.11, for garnishment exemption status
Alison's answer
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Answered on May 10, 2013
I have litigated this exact issue and lost when the spouse gets disability income. If she gets none, then it's probably a win for you. If she does...
Archived
What are my options against a debtor who defaulted? I have a lien on his car but the car is worth less than what he owes me
Alison's answer
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Answered on May 09, 2013
Your best bet would probably be to file a lawsuit on the debt and if you can obtain a judgment against him, then you may execute against his...
Archived
I had a chapter 7 discharge 3 years ago, I want to reaffirm my loan so I can refinance, how can I do it?
Alison's answer
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Answered on May 07, 2013
You cannot reaffirm a debt once your discharge has been entered. There is a very limited window of time during which a reaffirmation can be...
Archived
Could I lose my car is my spouse files bankruptcy?
Alison's answer
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Answered on May 06, 2013
Assuming that the car is paid for, there is a very high likelihood that the bankruptcy trustee will choose to administer it, which means auction it...
Archived
If on your credit report an account is "charged off" and you receive a letter from a collection company, is it true that as long
Alison's answer
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Answered on May 05, 2013
The debt is technically collectible by whoever owns the right to collect it up until the expiration of the statute of limitations for that type of...
Archived
My lender was granted a deficiency judgement in Florida, can I fight it if I was never notified?
Alison's answer
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Answered on May 03, 2013
As a general rule, you should have been served with a copy of the documents indicating that the bank was seeking a deficiency judgment and you...
Archived
How long does it takes for a response after a chapter 7 motion to vacade and reinstated was submitted?
Alison's answer
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Answered on April 30, 2013
I am not sure what you mean by "juridation" but it is not unusual for a bankruptcy case to get dismissed for failure to file documents. Even the...
Archived
Can we file bankruptcy chapter 7 for an LLC that owns 3 investment properties currently in default?
Alison's answer
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Answered on April 19, 2013
An LLC in bankruptcy would by definition be a business bankruptcy and so the means test would not be involved. You would only need a personal...
Archived
What is the difference between chapter 7 and chapter 13 bankruptcy?
Alison's answer
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Answered on April 13, 2013
The determination that will identify which chapter of bankruptcy is appropriate for you is what kind of income and assets you have. If your income...
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