Archived
I own a house a 300k house. I owe 50k in deBt. If I stop payingon 50k can they attach the house if I stop paying?
Kevin's answer
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Answered on November 14, 2017
Right, you have assets in excess of 300k and you are seeking free advice from anonymous attorneys on the Internet. Get thee to a qualified...
Archived
My wife is wanting to file chapter 7 and I was curious if money in my checking account be effected ?
Kevin's answer
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Answered on November 09, 2017
In the absence of joint debt, a properly characterized "joint" account should be exempt (off-limits to creditors/trustee). Whether the account is...
Archived
Is it fraudulent to remove someone from a lease prior to filing bankruptcy which would include the lease?
Kevin's answer
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Answered on November 06, 2017
A fraudulent transfer is generally when an asset of some value is transferred prior to bankruptcy for little or not payment. Removing your ex from...
Archived
What will happen if I get a divorce on Florida ?
Kevin's answer
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Answered on November 06, 2017
I am not sure if your question is regarding any liabilities you have to her creditors, or whether you are asking about equitable distribution in a...
Archived
I work for a company that is filing ABC joe does this effect my contract
Kevin's answer
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Answered on November 06, 2017
If the ABC is filed in California, you will have to ask an attorney qualified to practice there. If the ABC is filed in Florida, first you have to...
Archived
After my portion of the chapter 7 is close how long does the trustee have to keep her portion of it open to go after a surplus ?
Kevin's answer
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Answered on October 23, 2017
If the surplus is any significant amount of money then you really need to consult counsel. Was the property your homestead? Did you assert an...
Archived
What are the potential outcomes of fighting Midland Funding on a collections lawsuit?
Kevin's answer
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Answered on October 22, 2017
Many of the accounts which Midland purchases are stale, that is, beyond the statute of limitations. This is worth a one hour consultation with an...
Archived
What if I filed bankruptcy and the filing included a repossession can the lender file a lawsuit against me for the balance?
Kevin's answer
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Answered on October 20, 2017
Being as they have done it, obviously, the can. You need to respond to the suit by either (or both) file an answer which raises the discharge in...
Can my daughter buy my car at end of lease....which is up this month. I'm in a chapter 7 bankruptcy? Will the court allow?
Kevin's answer
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Answered on October 11, 2017
No court authorization would normally be required for this transaction. Whether it makes sense, and how to structure it, are dependent upon the...
Archived
Can i rent my house for a short term lease in the process of Chapter 7 bankruptcy ?
Kevin's answer
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Answered on October 10, 2017
You risk an argument that you have abandoned your homestead. If you wait to sign the lease until after your petition is filed, the argument is...
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