Archived
If a commercial property is appraised for more than the bank debt can the bank get a deficiency judgment?
David's answer
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Answered on March 24, 2010
Generally speaking, the appraised value is irrelevant. Should the bank elect to foreclose on the property as a result of the default, obtain a...
Archived
Can I keep my cars after bankruptcy?
David's answer
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Answered on March 24, 2010
The short answer, in a Chapter 7 bankruptcy, is "yes". However, there are strict time constraints that must be abided by if you wish to keep the...
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If a notice of chap 7 case closed without dischage was received, does that mean it's awaiting dismissal?
David's answer
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Answered on March 11, 2010
Generally, a discharge in bankruptcy acts as an injunction against creditors pursuing pre-bankruptcy debts. There exist certain debts that are not...
Archived
How long for a corporate bankruptcy discharge?
David's answer
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Answered on March 11, 2010
Unlike an individual bankruptcy filing, a corporation does not receive a discharge. Eventually a case trustee will examine the claims filed in the...
Archived
Should I settle a personal injury claim before, during, or after chapter 7 bankruptcy?
David's answer
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Answered on March 11, 2010
At the time you file for a petition for protection under Chapter 7, all of your property (subject to certain state or federal "exemptions") becomes...
Archived
TOOK OVER PAYMENTS ON A MOTORCYCLE PERSON FILING BANKRUPTCY WON'T SIGN TITLE
David's answer
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Answered on March 10, 2010
Unfortunately, the person has created a headache for you. Upon filing for bankruptcy, all of his property (subject to certain exemptions) became...
College Tuition Debt From Over 10 Years Ago
David's answer
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Answered on March 10, 2010
When it comes to a debt for money owed, a claim generally arises on the date that there is default in paying the sum due. This is essentially a...
Archived
Civila Action for Debt Collection of 100K
David's answer
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Answered on March 10, 2010
As I am not admitted to practice in the state of South Carolina, I am not familiar with the legal provisions exempting certain asserts from...
Archived
My husband and I have credit card debt and wanted to file bankruptcy. We have quick claim deed on my husband's mother's house
David's answer
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Answered on March 10, 2010
You are correct in that, generally, one may only claim a homestead exemption in the home in which they reside if they own it of record. ...
Archived
How do I file a bankruptcy section 2004 motion?
David's answer
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Answered on December 07, 2009
Generally, you will need to make a motion on notice to the Debtor of your request to obtain documents from her or to question her at a deposition. ...
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