Archived
What can I do to alleviate my debt situation? I don't think I can pay it off. What are my next steps?
David's answer
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Answered on June 29, 2015
Student Loan Debt requires special knowledge in the field of student loan law. You may have some repayment options that you can explore. Seek the...
Archived
During a Ch. 7 bankruptcy, if there is substantial equity in my business property how will the trustee address the excess funds?
David's answer
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Answered on June 26, 2015
There is far too little information provided to formulate an adequate response. You need to gather all the information regarding your finances and...
If for some reason I don't or unable to show up to a creditors hearing does a ch 7 get dismissed?
David's answer
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Answered on June 26, 2015
In San Diego, if you miss your meeting of creditors, then the trustee can dismiss your case right then and there. If you have an attorney, then...
Archived
I filled a banckruptcy and reaffirm my car loan, a year ago, now i want to trade in that car, is it ok?
David's answer
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Answered on June 25, 2015
The car lender is not going to be concerned with that so long as they get paid the full balance of what is owed.
Archived
Can I take my ex-spouse to small claims court for money he owes for back attorney fees awarded to me in our divorce settlement?
David's answer
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Answered on June 25, 2015
You need to look at the Court order. Was the payment of attorney fees "as and for additional support"? if so, the debt is not discharged, See 11...
Archived
Filed BK in CA, moving to VA before meeting of Creditors. Can I get it transferred?
David's answer
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Answered on June 23, 2015
If you are represented by counsel, you should speak with your attorney. There is a procedure that can be accomplished to appear by telephone, but...
Archived
I am being sued but was not served papers. I found out because of two letters from lawyers offering to represent me.
David's answer
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Answered on June 23, 2015
You should seek the advice of local counsel to explain your rights. If a lawsuit has been filed, and I am sure it has, you can always go to the...
Archived
Student loans were taken out after marriage that greatly benefited the community, should my ex be responsible for half the debt?
David's answer
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Answered on June 17, 2015
The focus is who took out the debt. The US Department of Education has regulations as to whom is responsible for the debt, and it squarely sets on...
Archived
How do Student Loan Servicers respond when a borrower who is not in default and not behind on payments files Chapter 7?
David's answer
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Answered on June 17, 2015
The best thing for you to do is to apply for your IBR, get it approved, then file for Chapter 7. The Department of Education sometimes puts student...
How do I stop a wage garnishment from a time-barred debt?
David's answer
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Answered on June 15, 2015
Raising the issue of a time barred debt has to be done as an affirmative defense to the lawsuit. The only way you can stop a wage garnishment is by...
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