My attorney insisted on showing my home as exempt in bankruptcy even though I do not want to keep the house.
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Answered on February 06, 2014
If you're not sure why your attorney did something on the schedules, you probably should have asked him/her before they were filed, or when you...
Archived
Can a writ of possession be stopped if one can prove a lien exist on the property?
Roy's answer
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Answered on February 06, 2014
Any claims/defenses you may have or had against the lender may have been waived if you didn't raise them as defenses in the foreclosure case. So,...
Archived
Can I file personal chapter 7 bankruptcy if my house is going into forcloser but has not been officially forclosed on. Thanks!
Roy's answer
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Answered on February 05, 2014
Yes. A chapter 7 bankruptcy will slow down the foreclosure process and will discharge your liability on the mortgage. It will not save the house...
Will Chapter 7 bankruptcy take my name off joint mortgage?
Roy's answer
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Answered on February 05, 2014
Your name will not be "taken off" the mortgage but you will be discharged from any liability on the mortgage. So, if she defaults, the mortgage...
Archived
There is a legal loop hole in order to present against granted judgment for deficiency final judgment?
Roy's answer
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Answered on February 04, 2014
Generally speaking, once the judgment is entered against you, the Judgment holder is entitled to discovery in aid of execution (requests for...
Archived
After filling chapter seven when can I start cashing my federal and state refund checks,
Roy's answer
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Answered on February 04, 2014
Unless you are able to exempt them, your refund checks are at least in part, part of the bankruptcy estate and may have to be turned over to your...
Archived
Motion For Summary of final judgement - What should I do?
Roy's answer
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Answered on February 04, 2014
No, it just means the Plaintiff has taken another step on the way to finalizing the foreclosure process.
If you are living in the home, you...
Archived
What do I do with a Form 1099-A for acquisition or abandonment of secured property after a discharged Chapter 7 bankruptcy?
Roy's answer
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Answered on February 03, 2014
I would think that since the debt was discharged in 2010, there was no debt for the mortgage company to forgive in 2013 and therefore shouldn't be...
How long does it typically take for a motion to lift the automatic stay from finish to end?
Roy's answer
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Answered on February 03, 2014
When you file your motion, other parties have 21 days to object. If no one objects you may submit an order. If you can get all other parties to...
Archived
If we filed chapter 7 and was to inherit money and the chapter 7 is discharged do we get to keep the money
Roy's answer
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Answered on February 03, 2014
If you knew about the inheritance within 6 months of your filing date it needs to be disclosed to the Chapter 7 Trustee. If you knew about it at...
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