Archived
Is this an appropriate way to use a motion for summary judgment in an adversary proceeding alleging fraud under 523(a)(2)(A)?
Robert's answer
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Answered on July 09, 2015
Prevailing on a motion for summary judgment is very difficult. If the plaintiff submits affidavits or information from depositions, responses to...
Archived
If I file bankruptcy will they take my 401k . from me . And do I have to be behide on my bill before I think of filing bankruptc
Robert's answer
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Answered on July 09, 2015
Ms. Bunce was spot on with her response to your questions. Here are some factors that must be considered when determining if you should file a...
Archived
Is filing a motion for summary judgment appropriate in this adversary proceeding?
Robert's answer
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Answered on July 09, 2015
Most local rules require a brief to accompany a motion for summary judgment. Also needed are affidavits, information from depositions, etc....
Archived
Hello, I have somewhat of a complex question. I was recently granted a discharge for a chapter 7 BK case.
Robert's answer
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Answered on July 09, 2015
I agree with Ms. Bunce and Mr. Edmunds. If the debt was discharged, you can still make voluntary payments on the debt. If in Arizona both husband...
Archived
Is Bankruptcy a bad idea for a 28 years old, single mother, with future plans(home/law school)
Robert's answer
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Answered on July 09, 2015
I know it sounds strange, but sometimes the fastest way to improve your credit is to file a chapter 7 and get a fresh start. After receiving your...
I cosigned my cousin's student loan. I made payments on the loan to protect my credit. He filed a Ch. 7 bankruptcy.
Robert's answer
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Answered on July 09, 2015
Your cousin will not be able to discharge the obligation to pay the student loan, but he will be able to discharge the obligation that he has to...
Archived
If I file bankruptcy will it stop the foreclosure process on a property I received through probate if I am not on mortgage
Robert's answer
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Answered on July 09, 2015
Yes, you can file a chapter 13 and you can modify the rights of he mortgage holder. The U S Supreme Court in a case called Johnson v Home State...
Archived
Can I scrap my car has lein on it lein holder will not come get it
Robert's answer
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Answered on July 09, 2015
The recommendation I give my clients is to send a letter to the lien holder by certified mail, letting the creditor know that they have 30 days to...
Archived
How do I appeal the decision of a judge ordered redemption value of a vehicle?
Robert's answer
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Answered on July 09, 2015
The other answers are accurate. You lost because you did not understand the rules of evidence. An appeals court is not going to reverse the...
Archived
Can someone give me the words to use while trying to negotiate medical bills with the providers?
Robert's answer
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Answered on July 09, 2015
There are no magic words. Creditors will generally settle with a reduction provided a lump sum payment is made immediately with confirmation that...
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