Archived
Can I bring forth my evidence or proof that Deutsch bank natl. did not have the right to foreclose on my condo in ch-13 case
Timothy's answer
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Answered on May 29, 2014
A bankruptcy court cannot act as an appellate court. This is known as the Rooker-Feldman doctrine. The short answer to your question is that the...
Collection agency Portfolio Recovery Associates served me TODAY for an Old Credit Card Debt from HSBC.
Timothy's answer
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Answered on May 29, 2014
I would go see a debt collection attorney immediately for a free consultation. You have rights that are beyond the scope of email or internet...
Can they repo my car for only the late fees that I owe? Car is paid in full.
Timothy's answer
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Answered on May 27, 2014
Yes, until you pay all of the amounts required by the contract, the bank does not have to release the lien on the car. In the meantime, I suggest...
Can I file a Notice of Appearance Pro Se (as a creditor) in a Chapter 11 Bankruptcy Case (Florida)
Timothy's answer
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Answered on May 20, 2014
Only attorneys can file notices of appearances.
Archived
How do I revoke personal guarantee in Bankruptcy
Timothy's answer
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Answered on May 20, 2014
The creditor has the right to repossess the collateral if you don’t sign the reaffirmation agreement. In your case, as you stated, you don’t want...
Archived
Chapter 7 bankruptcy is filed and 341 meeting is scheduled, but the notice dosent say what to bring.
Timothy's answer
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Answered on May 19, 2014
Your attorney should provide you exact instructions but at a minimum two forms of identification and your social security card.
I'm being sued by Midland Funding for a past debt. What do I do?
Timothy's answer
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Answered on May 19, 2014
The lawsuit effectively starts for a collection case when you are served, not when the case is filed with the court. But it is not too early to be...
Archived
Planning on filing for Chapter 7 bankruptcy but need to protect my spouse's assets.
Timothy's answer
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Answered on January 06, 2014
This is not something to do on your own. Seek professional counseling.
Archived
I live in Florida in a home owned by my wife and myself. I have filed a chapter 7 in NJ. Do I have any rights under Florida Law
Timothy's answer
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Answered on June 25, 2013
It is important to note that the doctrine of tenants by the entirety does NOT apply to the IRS. This doctrine is a state law concept and the IRS is...
Archived
I am thinking of filing chapter 7. I receive and annuity payment from my dad passing away. Would I lose that?
Timothy's answer
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Answered on June 03, 2013
In Florida, legitimate annuity contracts are exempt in bankruptcy. Your attorney must read and analyze the purported annuity contract before filing...
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