Want to file Ch. 13 100% plan; If all dis. income pay off debts before 60 months, do I have to surrender all disposable income?
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Answered on August 12, 2013
This is a good question. The Code seems to allow for this but most trustees and Judges will not allow it. Our Judge explicitly stated "in this...
How do I get a judgment lien with my California judgment against the defendant’s real property in Nevada?
Brent's answer
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Answered on July 12, 2013
More than likely you need to domesticate your judgment in NV and then file the lien.
Does anyone have a sample of an objection to discharge for a chapter 7 BK?
Brent's answer
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Answered on July 12, 2013
This has to be done by an adversary proceeding and you are going to need a competent bankruptcy attorney. They can file a motion to extend the...
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Can you got jail if you make a promise to pay on a civil suit and miss court?
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Answered on January 04, 2013
No you can not go to jail for failure to pay on a civil matter. They will however get a default judgment against you which they can then attempt to...
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Our mortgage co has been charging add'l interest if we do not make our payment on the same exact day each month, is this legal?
Brent's answer
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Answered on January 04, 2013
It sounds like what you are dealing with is what is called daily simple interest. These types or mortgages are not common but they do exist and...
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Can mortgage company touch our 401ks if we foreclose on a house in VA and no reside in TN?
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Answered on January 04, 2013
They can sue you for a deficiency . If they get a judgment they can garnish your wages, levy your bank account, place a judgment lien against any...
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My only income is my Social Securty; can bill collectors legally take money from my income?
Brent's answer
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Answered on January 04, 2013
No, social security is exempt and can not be garnished by debt collectors. You may want to let your bank know that the account is for SSI only and...
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Already submitted a deed in lieu to the bank. We now need to file bankruptcy. Can we do this and possibly stop the DIL process
Brent's answer
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Answered on December 20, 2012
Your best bet is going to be to get a consultation from a local bankruptcy attorney. However, I don't really understand why you would need or want...
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Will i get a deficiency balance claim or a 1099c even if i filed a bankruptcy chapt 7 and got discharged 2 years ago?
Brent's answer
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Answered on December 04, 2012
You will not owe on any deficiency from the sale. They may issue you a 1099-c however. If they do there is a form you file with your return that...
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Is this a scam? Can I sue for harassment?
Brent's answer
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Answered on December 03, 2012
You possibly have a FDCPA/TCPA claim against them. At the minimum you can send them a validation letter and/or a cease and desist letter.
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