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Hello, If I have a Deposition for an unsecured Credit card for $26K can i file for bankruptcy to stop the deposition?
Timothy's answer
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Answered on April 02, 2015
The bankruptcy will stay the deposition but there are other options. Don’t rush into bankruptcy. We file motions to cancel the depositions while we...
Archived
In Chapter 7 Bankruptcy, can a Debtor be sanctioned for violation of the automatic stay the same as a Creditor?
Timothy's answer
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Answered on March 29, 2015
The automatic stay applies to the “continuation” of “proceeding against the debtor.” Based on your prompt, your “act” of filing a witness list...
Archived
How to find a lawyer to appeal bankruptcy judge order?
Timothy's answer
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Answered on March 20, 2015
At a minimum get your notice of appeal filed timely. You will then have more time to find an attorney that will fit you and your situation. The...
Archived
What is the average attorney fee for filing chapter 7 bankruptcy besides the court cost of 370$
Timothy's answer
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Answered on March 20, 2015
My advice is to get a few office consultations – not seek answers via the internet. The fees should be in the same general range. Ask questions...
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Archived
What documents do I need to get to the trustee before the 341 meeting?
Timothy's answer
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Answered on March 17, 2015
I would contact the trustee. This is why having an attorney that specializes in bankruptcy is so valuable. I know all of the trustees in my area...
Archived
How much cash (21K) from my checking account can I fund my Roth IRA before filing Bankruptcy?
Timothy's answer
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Answered on March 16, 2015
This is not a question you should ask on a public forum. There is no attorney-client privilege. Your trustee can find this and rightfully assume...
Judgement ordered and i have 45 days to fill out rule of procedure form 1.977
Timothy's answer
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Answered on March 14, 2015
As soon as my client hires me, I file a motion to extend those deadlines. I seek a court-allowed extension to comply with that form so that I can...
Archived
How is the equity in a property calculated in bankruptcy?
Timothy's answer
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Answered on March 10, 2015
The real value of property is determined by what a willing purchaser will pay a willing seller of the property. Any other valuation is academic...
Archived
During Ch 7 bankruptcy, is making payments to my mortgage a form of reaffirmation of my mortgage?
Timothy's answer
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Answered on March 05, 2015
Reaffirmation is a specific contractual procedure. Acts or payments alone cannot indicate a contractual reaffirmation.
Archived
Received a denial on foreclosure modification 2 times
Timothy's answer
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Answered on March 02, 2015
I hear this all of the time. Here is what you need to understand: Modifications are like prom dates; you can ask her to go but she doesn’t have to....
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