Archived
Can a Buffalo New York Business Court case be thrown out or held up by me filing my chapter 13 here in Florida where I Live
Sharon's answer
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Answered on February 18, 2015
If the stock holder filed the case against you personally, your Chapter 13 petition would stay the action against you. If the case was filed...
Archived
What is my recourse against the father of an original creditor and the debt collection agency for negative credit reporting?
Sharon's answer
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Answered on February 16, 2015
Contact the credit reporting agencies to dispute the validity of the debt. Send a letter with your name, Social Security Number, address , phone...
Can civil judgments affect me not obtaining a FHA mortgage loan after chapter 7 bankruptcy?
Sharon's answer
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Answered on February 16, 2015
You can file a motion to cancel the judgment one year after the bankruptcy discharge is entered, under Florida Statute 55.145. This can only be...
Archived
We retained a lawyer 7 mos ago. We were told that there would be a 90 day wait for any contest against the estate. Now he is te
Sharon's answer
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Answered on February 16, 2015
The deadline for filing an objection to discharge is 60 days after the trustee concludes the §341 meeting (your meeting with the trustee). Since...
Archived
Am I still personally liable for my mortgage after Chapter 7 discharge?
Sharon's answer
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Answered on March 15, 2011
No. Your personal liability on the loan was discharged in bankruptcy. The lender can foreclose on the property, and you will be named as a...
Archived
Currently I was under the impression with my attorney that I could file a Chapter 7 Bankruptcy now shes saying I have to file 13
Sharon's answer
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Answered on January 13, 2011
Ask your lawyer why her analysis has changed. It could be due to your income, or that the Supreme Court just ruled that a debtor can't take a...
Archived
I am in the 6th month of my Chapter 13. One of my creditors, wrote my employer and told them to dismiss me. Is this legal?
Sharon's answer
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Answered on January 13, 2011
Boy, did this creditor step in it!
The automatic stay prohibits actions by creditors to collect pre-petition debts. This creditor wilfully...
Archived
Will i qualify for chapter 7?
Sharon's answer
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Answered on January 13, 2011
The calculation of Current Monthly Income for the means test isn't based on how much you're making now, but on the total amount of income you had...
Archived
Is a creditor allowed to ask for credit card information when a court notice is involved?
Sharon's answer
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Answered on June 03, 2010
My office gets these forms letters, too. Only the original Notice of Commencement of case has the debtor's full Social Security number on it, so...
Archived
I own my car free and clear, but I need to file for bankruptcy protection due to a deficiency judgement from a foreclosure.
Sharon's answer
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Answered on June 03, 2010
Many people think that vehicles or tools they use for work are protected from creditor claims. There is no "tools of the trade" exemption in...
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