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Ellen Elizabeth Fite

Ellen Fite’s Answers

10 total

  • Can Chapter 7 Bankruptcy Trustee take my house and sell it?

    House is worth 350 Mortgage 550 (second for 85 unsecured also) Can the trustee force me to sell this house to an investor if I am exempting the house to keep it?

    Ellen’s Answer

    I appreciate and agree with the answer about lien stripping. Make sure you hire an attorney who talks to you about this and is willing to file the proper pleadings to do so. It is certainly worth the effort.

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  • Convert to Chapter 7 or Amend Chapter 13? What are the pros and cons of doing the amendment vs converting to Chapter7?

    My husband filed a chapter 13 bankruptcy and is in year 3 or a 5 year plan. The plan includes his house, car, and 4-wheeler. We no longer need these times and his attorney said he should convert to a Chapter 7. After talking with another attorney ...

    Ellen’s Answer

    • Selected as best answer

    I believe you have received good advice from your current attorney. This is because a surrender at this point does not relieve you of the obligation to pay. So what he said is accurate and trustworthy. (Had you surrendered upon the filing, that would not necessarily have been the same.) If you think the attorney's fee is too high for your community, then you can get another quote. Good luck!

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  • Private loans and Chapter 7 Bankruptcy - are private loans included or excluded?

    I had a CitiAssist loan several years ago from Citibank that helped close the gap from what the federal student loans would not cover. The money was paid directly to the school (Kaplan Univ.) and not to me. We filed for Chapter 7 and it has been...

    Ellen’s Answer

    Whether the debt was automatically discharged would depend upon the type of loan that it was. You will need to go back to your attorney with the loan documents to determine how you should proceed. If you did not have an attorney, I would recommend that you find an attorney who has specific expertise in this area because there are so many possibilities of resolutions.

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  • Bankruptsy. . Chapter 7 can I sell file without a attorney? ?

    Hi , I live in columbia tennessee and I would like to know if I can file bankruptcy on my own, if there is somewhere I can download the paperwork online?

    Ellen’s Answer

    Thus far you have received excellent answers. Bankruptcy lawyers charge very reasonable fees for the detailed work that they do, which can protect you in so many ways. Like someone already said, at least avail yourself of the free consultation. Good luck!

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  • Do I have 7 business or calendar days or 28 business or calendar days to object /oppose Trustee motion to dismiss my chapter 13

    In Tennessee

    Ellen’s Answer

    Calendar days, unless the last day is on a weekend or legal holiday. You have an attorney and should ask this question of them.

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  • Where do I need to go to file for separation in Memphis, TN.

    I have been married 6 years. My husband is cruel to me and our children.

    Ellen’s Answer

    Filing for separation is the same process as filing for divorce. You need to seek legal counsel. If you and your children are being abused, please take immediate steps to protect yourself and them. My office handles domestic matters, even though my profile lists me as a bankruptcy attorney. We have a general practice handling all matters.

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  • Do I need to be diagnosed before applying for disability?

    I was just wondering if I needed to be medically diagnosed before I can apply for disability for Anxiety? Or if the Social Security Board's doctor could possibly diagnose me?

    Ellen’s Answer

    I also agree with my colleagues. Without knowing your specific condition and limitations, I especially like the suggestion to attempt to work. SS pays very little and should be considered as a last resort after every attempt to work has been made. But, once it's apparent that one cannot work and that the condition will last at least a year, move with all speed in getting assessed and treated, and making application.

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  • What happens when something goes to Grand Jury in the state of Tennessee ?

    This case went to 2 General sessions one where the witness appeared and is now going to Grand Jury..What happens in Grand Jury ?

    Ellen’s Answer

    As the other attorneys already stated, the Grand Jury will hear the evidence and determine whether to return a "true bill", which means an indictment will issue. The formal charging documents will then issue and the defendant will be arrested, if not already in custody. Then bond, if set by the court, must be made.

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  • Should I repay my 401k loan before I file a chapter 13 bankruptcy?

    I live In Ohio. I was told that under Ohio law I can not file a chapter 7 because I have an outstanding 401k loan. I was advised to file a chapter 13. I want to pay my 401k loan back in full. I do not want it to be considered a debt in the ban...

    Ellen’s Answer

    Without duplicating the excellent advice already given, I believe you probably have just heard that from a layman. If an attorney told you that, get a second opinion from someone who does primarily bankruptcy.

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  • Does the statute of limitations "reset"?

    I asked a question earlier about having a default judgement overturned...I did not get a court summons on this debt ever...and only recently found I have a court date because I have a default judgement against me..so I'm assuming they are taking ...

    Ellen’s Answer

    I agree with the first answer, but you also need to take immediate action. It is possible that you may be able to set aside the default. Seek local counsel to determine your rights and limitations on this.

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