Archived
When my brother has retained an Atty and filed for chapter 7 bankruptcy, and his atty has requested inheritance docs from me..
Lewis's answer
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Answered on September 02, 2015
You need to RUN to an attorney. This is the bankruptcy trustee, not your brother's attorney (if he has one).
The trustee is the person who...
Archived
I am being sued by my private student loan company. Do I need a lawyer?
Lewis's answer
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Answered on August 31, 2015
Many times the private lenders wait too long to sue. You may have valid defenses. I strongly urge you to seek an attorney.
Archived
Is there a period of years that one must wait to file a second Chapter 7 Bankruptcy?
Lewis's answer
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Answered on August 29, 2015
8 years + 1 day between chapter 7s. Filing date to filing date.
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Can I buy a second car before filing bankruptcy and surrender the car I have now that is financed as well?
Lewis's answer
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Answered on August 27, 2015
Attorneys are not supposed to give advice on incurring new debt before a bankruptcy filing.
But if you do it, obviously do not trade the...
Archived
Can I collect property tax and insurance payments along with mortgage payments of principal and interest?
Lewis's answer
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Answered on August 25, 2015
It certainly is legal if part of the written agreements. Any caveats: of course. You now are subjecting yourself to a lot of regulations on how...
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Title insurance on quit claim deed
Lewis's answer
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Answered on August 18, 2015
If you already had owners title insurance, and simply deeded the property back to yourself and a spouse, new title insurance may not be...
Archived
Can a Chapter 7 bankruptcy filing be dismissed by the debtor?
Lewis's answer
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Answered on August 18, 2015
I always ask the question during the consultation: have you ever filed before? Then I also look up the prior filing to make sure all timing...
Archived
Creditor listed on bankruptcy petition different from the Plaintiff claiming to be creditor in a foreclosure suit. Who decides?
Lewis's answer
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Answered on August 17, 2015
It is an interesting conundrum. The out of state attorneys don't know about the new line of bankruptcy rulings that says if you "surrender" in the...
How does money get allocated to creditors from the sale of a home by a Bankruptcy Trustee in a Chapter 7 bankruptcy?
Lewis's answer
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Answered on August 17, 2015
The secured mortgage company is paid off. Remaining funds will be split pro-rata among the various unsecured creditors. Other secured creditors...
Archived
I want to file bankruptcy but my personal property is with the Orlando Police Department for 3.5 year investigationWhat do I do?
Lewis's answer
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Answered on August 17, 2015
Due to the nature of a police investigation and owning a business, I would not file bankruptcy without the help of an attorney. Depending on what...
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