Archived
Once a Chapter 13 is filed and you receive monies from a lawsuit that occurred afterward, does it go to repayment?
Robert's answer
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Answered on November 11, 2017
The answer to your question can vary between one jurisdiction to the other, can vary between judges in the same district on some issues. Just up...
Can I realistically sue the Successor Trustee of a trust in which I am a beneficiary for negligence?
Robert's answer
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Answered on November 11, 2017
The answer is always, yes you can sue. However, to determine if you have a claim that an attorney that handles malpractice claims would take on a...
Archived
Why do Judges allow multiple substitution of party plaintiff (servicers)? Is it up to the defendant and/or attorney to question?
Robert's answer
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Answered on November 11, 2017
Servicers of mortgages are substituted based upon the contracts between the holder of the mortgage or the bank that manages the mortgage for a...
Archived
Under California System 2 bankruptcy exemptions (703,) is there a specific code for IRAs?
Robert's answer
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Answered on November 11, 2017
To exempt IRAs, every person that files for relief under the bankruptcy code can use 11 USC § 522(b)(c)(3) which states that the following...
I am disabled and can’t work. What happens if I stop paying private student loans?
Robert's answer
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Answered on November 10, 2017
Bankruptcy may be an option. Obtaining a discharge of student loans is very difficult. Because the federal student loans offer people the...
Archived
Will I be arrested if I discontinue payments to Arron's for rentals that were stolen.
Robert's answer
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Answered on November 10, 2017
If the property was stolen, Arron's will probably request that you provide a copy of the police report that was made when you reported the items...
Archived
Is there restrictions on how to spend monet from sell of house while in chapter 7?
Robert's answer
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Answered on November 10, 2017
It a appears that Arizona provides you with a $150K exemption for a homestead. Thus, your answer will depend if the home was claimed as exempt...
Needing advice on how to proceed on my pending AC Rent & Possession. Is there anything I can do to buy a few more days?
Robert's answer
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Answered on November 10, 2017
You can file for relief under chapter 13 and later dismiss the case an refile under a chapter 7. You must file your motion to dismiss before a...
Archived
BOA took years to foreclose property and now I'm being sued by HOA... Anything I can do?
Robert's answer
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Answered on November 10, 2017
I agree with the other two answers that explained to you about filing a new bankruptcy. If you are adamant about trying to settle the debt, an...
Archived
In 2 YEARS filed twice for chapt13, I paid 6000 , I want to convert chapt7 . Owe 2000,will it be discharged ?new lawyer needed?
Robert's answer
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Answered on November 10, 2017
You can convert and discharge most debt, including debt incurred between the petition date (the date you filed your chapter 13) and the conversion...
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