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David Lloyd Merrill's Answers (629)

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Archived

My Ex is filing bankruptcy (Chapter 7) and has included a debt owed to me that was in our divorce decree.

David's answer | Answered on December 06, 2012

You are in pretty good stead on this one. In Chapter 7 cases, money included in a marital settlemet agreement or divorce final judgment (known as a...

Archived

What are my options against a bank that filed false info in Ch 13. claimed 3 times the property value .

David's answer | Answered on December 05, 2012

Lots of moving parts here. First, the basic answer to the question you ask (and note that I believe you are not asking the right question) is that...

Archived

With a chapter 7 discharge (rcvd discharge on 11/9) and home was not to be kept by owner, what about property taxes?

David's answer | Answered on December 05, 2012

Mr. Corbin is correct -- property taxes follow the property, so they will be paid by whomever (or whatever entity) takes the property from you...

Archived

Post Chapter 7 BK, Motion to Reopen case for purposes of adding a missed creditor cause a stay in a pending foreclosure action?

David's answer | Answered on December 05, 2012

ONe element that has not been addressed is whether, in a Chapter 7, you need to add the creditor or not. If your case was a "no asset" Chapter 7,...

Archived

Filed chp 7 did not reaffirm 1st or 2nd (sba loan) the home value is 220k I owe 168k on 1st and 67k on 2nd. Will sba foreclose?

David's answer | Answered on December 05, 2012

The answer to your question comes down to lien rights., and I respectfully disagree with my colleagues on this one: if the SBA holds a mortgage,...

Archived

After a discharge on a bk is granted how long after is case actually discharged and amendments r no longer permitted.

David's answer | Answered on December 05, 2012

Please see my previous answer, but note that HoA fees are a very different animal than most other types of claims. Speak to your lawyer about...

Archived

What can an HOA do if a homeowner who owes back fees files for Chapter 13 and doesn't include the HOA as a creditor?

David's answer | Answered on December 05, 2012

Hold the phone -- lots of problems here. First, there is no "notincluding a creditor" in any bankruptcy case. Bankruptcy is like pregnancy: you...

Archived

I am thinking about filing a chapter 13, before the things are processed; should I still try to pay my car note and other debts?

David's answer | Answered on December 05, 2012

My colleagues are spot on -- see a lawyer first THEN, based upon that person's advice, take action. Much of what you are talking about will be...

Archived

After receiving a bk discharge how long after discharge date can u amend ur bk if a mistake was made and can a bk be reversed

David's answer | Answered on December 05, 2012

This is a big deal and not something you should trust to a few comments on a Q&A website. Candidly your apparent honesty and integrity tell me...

Archived

Which court is better for fraudulent forclosure law suit in chapter 13--NYC area

David's answer | Answered on December 03, 2012

No hanging yourself -- I presume you were kidding. And if you are in bankruptcy court already, that can be a great venue for this type of...