Archived
Currently under Chapter 13 filing and laid off from job, is it possible to cash out pension plan and keep the money?
Timothy's answer
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Answered on March 04, 2014
You need to consult your attorney, if you have one in the chapter 13 case. Options include dismissing the chapter 13 or converting to chapter 7 if...
Archived
How do I turn in a car that was included in bankruptcy that is extremely upside down?
Timothy's answer
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Answered on February 25, 2014
I would stop making payments and then wait for the phone call from the lender and make arrangements at that time.
Archived
Can a school withhold transcripts if the tuition was discharged in a chapter 7 bankruptcy in Orlando, FL?
Timothy's answer
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Answered on February 21, 2014
The 1994 amendments to the Bankruptcy Code codified the principle that a school cannot withhold a former student's transcripts just because the...
Archived
Forbearance and chapter 7
Timothy's answer
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Answered on February 20, 2014
You may be able to convert now, claim the homestead as exempt and get your chapter 7 discharge. Then you can try to save your home or sell it. I...
Archived
Can a foreign passport and a conditional SSN act as a valid ID in bankruptcy proceedings? My Florida ID expired in 2011.
Timothy's answer
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Answered on February 17, 2014
The list provided by my colleague from the UST does not include a foreign passport. Also, even if was valid proof, it probably does not contain an...
Archived
Our bankruptcy was discharged in Dec. 2011 and we want to know how to reconfirm the debt on our house.
Timothy's answer
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Answered on February 14, 2014
I think you are out of luck. The mortgage company will continue to report the debt discharged and will not give you credit for maintaining the...
Archived
Can a judgment for a student loan be discharged in a CH 7bankruptcy in Georgia?
Timothy's answer
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Answered on February 13, 2014
I respectfully disagree with my colleagues. I think you have a shot at challenging the dischargeability of the debt. Your situation is similar...
Archived
When filing a Ch 13 & paying 100% to creditors, Can trustee raise our monthly pymt if we make more income/take Income tax refund
Timothy's answer
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Answered on February 12, 2014
Provided you surrendered the property in the plan, you are protected from a deficiency. The trustees generally do not want all of your disposable...
Archived
If federal student loan debt is handed off to a law office/debt collector would bankruptcy eliminate the debt?
Timothy's answer
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Answered on February 10, 2014
Federal student loan debt is not dischargeable in bankruptcy unless you prove hardship. The courts are reviewing the Brunner case and are...
My attorney insisted on showing my home as exempt in bankruptcy even though I do not want to keep the house.
Timothy's answer
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Answered on February 06, 2014
Provided you did not reaffirm the debt, you are not obligated to make the payments on the mortgage and your personal liability on the note will...
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