Archived
I filed bankruptcy, included a property, they are trying to collect payment for attorney fees, time and costs. Can they do that?
Buddy's answer
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Answered on March 25, 2015
Your personal obligation has, according to you, been discharged so you do not have any personal obligation for the foreclosure, any deficiency or...
Car valuation for ch. 7 bankruptcy - (Middle District of Florida -Tampa Div.) -- is vehicle condition taken into account?
Buddy's answer
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Answered on October 02, 2014
Yes, they may take into account the vehicle condition when determining the value of the vehicle. The Trustee still has the right to challenge that...
Archived
At what point in the bankruptcy process does a chapter 7 trustee determine a cars equity?
Buddy's answer
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Answered on October 02, 2014
The value and equity is determined on the date the bankruptcy is filed.
Archived
A bankruptcy attorney just told me that a Chapter 7 trustee can take my homestead exemption away. Is this true?
Buddy's answer
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Answered on October 02, 2014
Generally not true. There are some situations where a Chapter 7 Trustee can go after a homestead exemption (I.e. if you made a lump sum principal...
Archived
Am I responsible for my wife's past due student loans which ere borrowed years before we were married?
Buddy's answer
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Answered on October 02, 2014
No, you are not responsible for your wife's student loans unless you agreed to personally guarantee them at some point.
Archived
I filed Chapter 7 with a stay in place. Can I motion the court to have a creditors stay lifted? See details. Thank You!
Buddy's answer
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Answered on October 02, 2014
I don't see why the stay would need to be lifted. The creditor's lawsuit is already stayed under 362 of the Code. The lawsuit for attorneys' fees...
Archived
Can i claim bankruptcy after going to court to pay debt to a lawfirm/collection agency?
Buddy's answer
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Answered on March 03, 2014
You most certainly can file for Bankruptcy protection even if you entered into a settlement or forbearance agreement. I see it every week. That is...
Archived
How long to move out of house lost in chapter 7?
Buddy's answer
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Answered on March 03, 2014
That is an interesting question that my firm is often asked. The answer is, "It depends." Once the stay is lifted, the bank can reset the sale...
Archived
In Chapter 11 bankruptcy. Attorney for our home mortgage refuses to take payment in full and is pushing for 2004. What to do?
Buddy's answer
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Answered on February 28, 2014
A creditor has a right to conduct a 2004 examination which is in essence a deposition where the creditor can inquire about your assets and...
Archived
Need to File Lien Avoidance in Northwest Florida
Buddy's answer
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Answered on February 18, 2014
You are talking about an order granting the lien avoidance or stripping the lien by the Bankruptcy court. You need a certified copy of the order...