Archived
Can I include the payment for my mortgage in the means test even though I have not live at the property for the past 2 years?
Robert's answer
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Answered on April 10, 2016
No. The US Supreme has held that an individual cannot claim an auto expense if the debtor is surrendering the auto in Ransom v. FIA Card Servs.,...
Archived
Filed chapter 7 bankruptcy 3 yrs. ago. Bank reported to credit agency "derogatory" on both Mortgage and car loan, both on time.
Robert's answer
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Answered on April 09, 2016
If you did not reaffirm, the loans should be reflected on your credit report as having been included in the bankruptcy discharge with a $0.00...
Archived
Do I use my home's current value or the value at the time I filed Ch. 7 to prove that the lien impairs my homestead exemption?
Robert's answer
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Answered on April 09, 2016
Most issues are resolved in bankruptcy based upon the petition date. However, I have never come across this question because we always file the...
How long after discharge of Ch 7 before I can refi? Ch 13 was converted to Ch 7, discharged Jan. 2015, without reaffirmation.
Robert's answer
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Answered on April 09, 2016
The general rule for FHA loans is that you cannot qualify for an FHA loan until 2 years after the discharge date. In the past for Fannie Mae loans...
Archived
Should my daughter file bankruptcy? Can she? What happens if she does?
Robert's answer
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Answered on April 09, 2016
The problem with the advise that Ms. Edmiston has given about settlements is the fact that settled debts also result in a hit on the person's...
Archived
Does a a forged document serve as ratification of my student loan debt?
Robert's answer
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Answered on April 09, 2016
Since you want to consolidate your student loans, I don't understand why you are concerned about the consolidation that you contend was fraudulent....
If I file a chapter 13 can I also include my sales tax for my car in so I can also obtain my tags
Robert's answer
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Answered on April 09, 2016
Filing chapter 13 this soon after purchasing the second auto may be the right thing to do, but a lot of lenders will raise objections to the filing...
Archived
What actions should i take next ? Other then seeking legal council.
Robert's answer
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Answered on April 09, 2016
I agree with Mr. Walker. However, I think you should contact a bankruptcy that also handles Fair Debt Collection Practices Act (FDCPA) claims. ...
Archived
How does being in debt before marriage effect each other?
Robert's answer
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Answered on April 09, 2016
You should not be responsible for any debt that your husband owes when he marries you.
Since Illinois is a common law state (as opposed to a...
Post-Judgement Settlement Negotiations
Robert's answer
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Answered on April 09, 2016
There is not typical rate. The creditor now haw a judgment, thus your only bargaining position is the difficulty that the creditor will have in...
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