Archived
Is a bankruptcy trustee required to receive bids on assets from his/her case or can the sell they bulk of assets without a bid
Kevin's answer
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Answered on March 13, 2017
As noted by Mr. Russo, one must carefully review all related notices and orders to determine the propriety of Trustee's actions.
Archived
In a Confirmed Chapter 11 Plan, Can I file for a discharge of debt while there is an open adversary case?
Kevin's answer
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Answered on March 13, 2017
Rex can do it. I can do it. There are a few attorneys in this District with that level of expertise. Find one.
Archived
I filled chapter 7
Kevin's answer
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Answered on March 10, 2017
The statute of limitations for a bank to seek a deficiency after foreclosure of a residential property is 1 year after the sale, so if the sale was...
Archived
Couldn't I get a lower settlement on a HELOC by negotiating directly with the lender, rather than once it is in collections?
Kevin's answer
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Answered on March 10, 2017
Servicers don't get a percentage of the settlement. The answer to this depends upon the lender and the servicer. Some lenders (usually trusts) do...
Archived
How to file lawsuit to claim security deposit in landlord / tenant relationship.
Kevin's answer
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Answered on March 10, 2017
You may be able to file a claim in small claims court, depending upon the amount. It would be best to hire an attorney as the fees and costs are...
Archived
Chapter 13 Motion to Incur Debt
Kevin's answer
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Answered on March 09, 2017
You should fire your lawyer. You can find someone to replace your lawyer by searching on this site. You can take a shot at the motion, but that...
Archived
Can they take joint owned stocks or assets in a civil judgement? Do I have to answer interrogatories if I file bankruptcy?
Kevin's answer
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Answered on March 09, 2017
If the creditor can take the stock, then the bankruptcy trustee can likely do so also. You do not have to answer interrogatories regarding a...
Archived
Foreclosure and Bankruptcy
Kevin's answer
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Answered on March 08, 2017
The way the process usually goes is that the property is first sold, then the amount received is applied against the outstanding debt. If the...
Archived
In FL can a class action settlement (for personal injury) be taken 3.5 years after my Chapter 7 bankruptcy case was discharged?
Kevin's answer
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Answered on March 01, 2017
With its roots in your pre-petition past, the proceeds of your misfortune are likely property of your bankruptcy estate. Whether or not you have...
Archived
Are fees associated with driver's license suspension dischargeable under chapter 7 BK?
Kevin's answer
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Answered on February 28, 2017
It is hard to imagine that you would file bankruptcy over something less than $6k, but the answer to your question is that some of the fees/costs...
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