On the eve of closing, my title company informed me that a Judgment entered against me by CACH which was discharged in my Chapter 7 bankruptcy 7 years ago has now re-appeared on my credit report. They are clearly on the discharge of debtors and o...
First, confirm with the title company that the judgment is a certified copy of the judgment which was recorded and properly lists the Plaintiff's address. If not, it does not create a problem as a possible lien on your home. Even though your property is homestead, title companies will require the appropriate proof that it does not attach to your homestead. One option is to reopen the bankruptcy to file a motion to avoid lien. Second, there is a procedure to file an affidavit with the county with notice to the creditor to have an opportunity to object to your claim of homestead status. These will take time. If the judgment is small enough, and there is enough cash at closing, the title company might agree to escrow the funds while you take the necessary steps to clear title.See question
I has a ELOC with BB&T when my lawyer file the chapter 7 papers BB&T was listed as a unsecure Debt the court approve the chapter 7 the debt was wiped out but was told there still a lien
Debts are wiped out when you obtain your chapter 7 discharge. However, any valid security agreement continues to attach to the property. Your equity line of credit, assuming the mortgage was recorded in the public records, would continue as a lien on your property. You cannot strip an equity line or mortgage in a chapter 7.See question
It was not my intention at the time I got the loan not to pay it back I just didn't . We moved and I just forgot it . Now someone called me and says that he is serving me and I need to contact this law firm with case number and they can stop the s...
I would not believe anything the collector says on the phone. They should contact you in writing, If there is a real law firm you can check if they provide the contact information, but it might not be a real law firm. You have rights against a collector to verify the debt and confirm who owns the account.See question
I filed for chapter 7 sometime on October 1, 2008 and received the discharge paper on April 5, 2009. I need to file for chapter 7 again but the attorneys in my area have given me different answers as to whether I can file again in October this yea...
A second chapter 7 can be filed 8 years after the filing date of the prior chapter 7 in which you received a discharge. This means you could file after October 8, 2016.See question
DMV case: my florida client lost 10k for lapsed insurance(driving without insurance) then he hit bumpers( a scratch was made on bumper; lady claims damages from old injury at traffic light, he had verbal agreement to pay for car damages at site o...
Yes, I have filed numerous bankruptcies for the sole purposes of obtaining a reinstated drivers license that was suspended for lack of insurance.See question
I've been reading quite a bit about the advantages and disadvantages of reaffirming a mortgage loan in bankruptcy, but it seems that much of the information is out of date and based on the fact that many people were "under water" and owed more on ...
I agree with Mr. Gleason. There are pros and cons about reaffirming mortgages. You should have a clear understanding of these pros and cons. It is hard to predict your situation years from now, as to your personal finances or the value of the property. Signing a reaffirmation agreement is a judgment call that is ultimately your decision.See question
My wife & I are choking on $25,000 in credit card debts & scrambling to pay minimum payments. We have great credit scores but need to end this debt nightmare. Are we suited for a bankruptcy?
Based on your amount of debt a chapter 7 bankruptcy might be advisable. You should consult an attorney to review your situation including your debt, income and assets. You are entitled to retain exempt assets in a chapter 7 but a chapter 7 trustee would have a claim against non-exempt assets. The option of chapter 7 or a chapter 13 payment plan should be discussed.See question
I am 65. My sole income is 1200 per month social security. I have lived in fl for six months. 1. My fiance and i are buying a condo in florida this month. Can i protect my half interest in the condo? 2. Before florida i lived in new work fo...
Will there be any down payment on the house? Are you making a down payment? If not, why are you now being placed on the title? There are many issues to discuss, and you should contact local attorney to discuss your situation. You can discharge auto accidents. Student loans are difficult to discharge and the bankruptcy proceeding would be complicated to discharge student loans.See question
I have some old credit card debt and old loans that I was unable to pay during my divorce. It has been between 5 to 10 years and it is still effecting my credit.
You have a right to send a dispute letter to correct errors on the credit reports. Negative items can remain on the credit report for 7 years, so items that are older than 7 years can be disputed.See question
I know they are about to file the Motion, and I do need to file the Amendment, but I am just wondering if by any chance it would prevent them temporarily from filing their Motion to Lift Automatic Stay?
Filing an amendment to the petition or to the bankruptcy schedules would not have any affect on the ability of a creditor to file a motion for relief from the automatic stay.See question