Archived
Is there any way I can avoid sending in an Interrogatories and Production Request in aid of Execution?
Alison's answer
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Answered on December 06, 2012
Since the court has ordered you to provide the information, I would strongly urge you to do as you have been directed. If you do not comply with...
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Archived
Can a bankruptcy Judge issue a garnishment approval, or does it go back to the circuit court to decide?
Alison's answer
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Answered on December 04, 2012
In this instance a bankruptcy judge can only decide whether the debt is dischargeable. Based on the information you have provided (no asset case;...
Archived
Does Florida have the same exemptions for judgments and bankruptcy..
Alison's answer
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Answered on December 04, 2012
If I understand your question correctly, you are asking if you may claim Florida exemptions even if you don't file a bankruptcy. The answer to that...
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Post Chapter 7 BK, Motion to Reopen case for purposes of adding a missed creditor cause a stay in a pending foreclosure action?
Alison's answer
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Answered on December 04, 2012
A Motion to Reopen your bankruptcy case would not result in the automatic stay being reinstated, so it generally would not cause any delays in the...
Archived
What if my final chapter 13 payment is one week late?
Alison's answer
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Answered on December 04, 2012
First of all, congratulations on finishing a Chapter 13 Plan! You should feel very good about that. As for the late payment, in my jurisdiction you...
Should I reinstate my mortgage or modify my loan?
Alison's answer
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Answered on December 04, 2012
If you had the mortgage at the time of your Chapter 7, then the debt WAS discharged in your bankruptcy unless you reaffirmed it. There is no such...
Archived
How long does it take from being served with a lis pendens to the end of the foreclosure process?
Alison's answer
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Answered on November 30, 2012
Although every case is different and you should of course defer to your own attorney if you have one, In general I would say that there is very...
Archived
I have a trial date for foreclosure I also have a viable offer on this property for a short sale. Can I get the trial postponed?
Alison's answer
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Answered on November 30, 2012
Your best bet would be to get the bank to agree to postpone the trial/final hearing. If you do in fact have a viable offer you would want to...
Archived
How can I stop a writ of possession from being issued on a home that has been foreclosed?
Alison's answer
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Answered on November 27, 2012
Unfortunately you are in a difficult predicament because there is no requirement that Fannie Mae let you repurchase the home, it is merely an...
Archived
Please tell me the required grounds per Fla. Stat. in a motion to object to sale, after the auction, during redemption period
Alison's answer
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Answered on November 27, 2012
Unfortunately as we often say, in Florida once "the gavel falls" on a judicial sale it is essentially a done deal. Pursuant to Florida statute...
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