Archived
Discharged 2nd Mortgage, underwater and late for 9 months sold to a collection agency, can they settle for a lump sum?
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Answered on June 05, 2013
You are engaged in high-stakes poker. You are betting on the likelihood that the owner of the note and mortgage will foreclose. It is highly...
Archived
Is bankruptcy my best option?
Kevin's answer
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Answered on June 03, 2013
You need a full intake with an experienced bankruptcy attorney. Your question is not specific enough. Generally, bankruptcy is your best option...
Archived
Can creditors (all credit card debts) still come after the estate after my death, if the statute of limitations as expired?
Kevin's answer
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Answered on June 03, 2013
As usual "it depends". Some assets can pass through an estate some can not. Your situation sounds complex to the point that you need professional...
Archived
How do I find out how much I have pay in arrears
Kevin's answer
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Answered on June 03, 2013
Not clear about the context. Is this for the purposes of a Chapter 13 to cure and reinstate? Is this to negotiate a modification? Best to...
Archived
I am thinking of filing chapter 7. I receive and annuity payment from my dad passing away. Would I lose that?
Kevin's answer
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Answered on June 03, 2013
Annuity payments are not exempt. Annuities you own are likely exempt. You will need to bring your documents to a qualified professional for a...
Archived
After trustee abandons an asset (lack of equity) & I receive discharge, what are my options with respect to foreclosed property?
Kevin's answer
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Answered on June 03, 2013
Your options include: short sale; defend the foreclosure and stay; leave (if you have HOA fees you continue to be responsible for same). We are...
Archived
I paid cash for my home yrs ago but had a home equity loan which was dissolved when i filed chapter 7 recently Do I still have
Kevin's answer
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Answered on June 02, 2013
"Dissolved" is not really a term of art applicable here. You were likely "discharged" of the personal obligation to pay the note. However, the...
Archived
CAN A CREDIT CARD COLLECT A BILL FROM 10 YEARS AGO?
Kevin's answer
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Answered on May 31, 2013
As usual, the answer is,"It depends." From what State did the card issue? When were the last payments made? Did they send a letterconfirming the...
Archived
What is the statue of limitations time on a credit card from 2007?
Kevin's answer
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Answered on May 31, 2013
The specirics of the statute of limitations in TN is not within my ability to answer because I am not admitted to practice there. Generally,...
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Archived
I forgot to add a creditor to my Chapter 7 Bankruptcy case in Florida, do I still need to add them? Will my attorney charge me?
Kevin's answer
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Answered on May 31, 2013
While you may be technically correct, as a practical matter you want all of your creditors listed on your discharge so that your credit report will...
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