Archived
I'm being sued by a JDB, I filed an answer contract & have a CM conference set. Can I still file for BK?
Orfelia's answer
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Answered on January 21, 2013
I would not wait until they get a judgment. In Florida, upon a creditor getting a judgment, the clerk of court files it in the official records...
Archived
Our Chapter 7 Bankruptcy has been adjuicated and is over. We still keep getting letters asking for money for insurance on it. Do
Orfelia's answer
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Answered on January 21, 2013
What type of insurance are they billing you for? Do you own property that was included in the bankruptcy? Are you living in the property or is it...
Archived
My husband and I filed Chapter 7 Bankruptcy in 2005, when can we file again?
Orfelia's answer
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Answered on January 21, 2013
You would have to wait 8 years from the date of the previous filing to file another Chapter 7. But, you are already eligible to file a Chapter 13...
Archived
Chapter 7 Discharge in Colorado - Surrendered Condo in Petition - Moving out of state
Orfelia's answer
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Answered on January 21, 2013
Why don't you just try and short sale the property so at least you can save the HOA fees?
Archived
I'm probably going to have to file BK how do I do that? Can I include over draft bank accounts?
Orfelia's answer
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Answered on January 21, 2013
Yes, you can file bankruptcy and just start all over. You can also include bank overdrafts. I've had clients with the same scenario and it is...
Archived
I filed a pro se chapter 7, I recieved an extension on the schedule filing and the 341 meeting
because of a serious illness.
Orfelia's answer
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Answered on January 21, 2013
Your scenario is one that is best dealt with by an attorney. This forum will never be able to completely analyze your specific issues and...
Archived
My bank told me that because I have an active bankruptcy (ch13) that they cannot foreclose even if I stop making mortgage pmts?
Orfelia's answer
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Answered on January 20, 2013
TGhey can definitely foreclose. They just need to get permission of the court prior to doing so and if you are not paying, the court is probably ...
Archived
Should we offer settlement to 2nd mortgage company after it was discharged in Chpt 7 bankruptcy?
Orfelia's answer
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Answered on January 20, 2013
For them to "foreclose" on your homnen, they would have to buy out the first mortgage and take first position. That is highly unlikely. Who is...
Archived
I filled chapter 7 almost 3 years ago and my attorney did not file a motion to avoid lien on debetors exempt property.
Orfelia's answer
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Answered on January 20, 2013
Most Chapter 7 fee agreements are for the basic bankruptcy proceeding. A Motion to Avoid a LIen is a separate "a la carte" type of service that is...
Archived
Is chapter 7 best for eliminating deficiencies on first and second mortgage?
Orfelia's answer
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Answered on January 20, 2013
If you want to keep your home, you may want to consult with an attorney about filing a Chapter 13 and stripping the second mortgage completely. A...
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