Archived
Lender filed lawsuit to foreclose home in FL. However, my debts were discharged via Chapter 7. How should I handle the lawsuit?
Timothy's answer
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Answered on October 23, 2014
I would respond to the lawsuit by stating that you filed for bankruptcy relief, provide the case number, and state a discharge was entered on ____...
Archived
84 and have to declare BK...i owe mtg on my home, will i have to move?
Timothy's answer
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Answered on October 17, 2014
You have to continue to pay the mortgage if you intend to stay in the property. You cannot cram down the value of your homestead property. You...
Archived
8 year old bad credit of around 14K (Credit Card). Finally able to settle it, Whats the best route to take here. Bankruptcy?
Timothy's answer
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Answered on October 16, 2014
Your debt ballooned because of late fees and interest. If you want to clean up your credit and get rid of the debt once and for all, file for...
Archived
If I have changed jobs and previously had garnished wages for student loans, can I now schedule to make payments instead?
Timothy's answer
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Answered on October 15, 2014
I agree with Mr. Roberts. You must rehabilitate or consolidate to get out of default before you can enter into a payment plan. You need to...
Archived
Can a debt collection company change payments on loan rehabilitation agreement?
Timothy's answer
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Answered on October 13, 2014
Regulations require agencies to provide the borrower with a written statement confirming the reasonable and affordable payment amount and...
Archived
I filed for Chapter 7 bankruptcy. How can I verify that a stay is in place in a particular state civil case?
Timothy's answer
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Answered on October 10, 2014
The automatic stay bars “the commencement or continuation, including the issuance or employment of process, of a judicial, administrative, or other...
Archived
Should I get an appraisal by auction, trade in, or retail in Chapter 7 Bankruptcy. I owe on the car but there is some equity.
Timothy's answer
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Answered on October 08, 2014
A good question. The answer is to get your own appraisal. I use a gentleman who has been doing appraisals for over 32 years and works for both...
Archived
Can chapter 13 still be filed if debt limits exceeded?
Timothy's answer
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Answered on October 06, 2014
I have read case law where some courts have doubled the debt limit for joint filers. But you need to check the courts in your jurisdiction to see...
Archived
A bankruptcy attorney just told me that a Chapter 7 trustee can take my homestead exemption away. Is this true?
Timothy's answer
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Answered on October 01, 2014
The trustee cannot take away your homestead exemption. There are limits on the homestead exemption if you have owned it for less than 3.3 years...
Archived
School couldn't find clinical site. Can I charge my student loans in bankruptcy? School was Mountain State Univ West Virginia.
Timothy's answer
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Answered on September 23, 2014
The HEA requires the Secretary of the Department of Education to discharge a specified loan if the borrower was unable to complete the program due...
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