Questions answered by E. Brian Davis

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We owe more on our house than it is worth. can we walk away?

E.'s answer | Answered on April 18, 2009

I am not admitted to practice in Florida and my comments are therefore only for discussion purposes. Whether a surrender of a home will lead to...

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If I foreclose on my house that is upside down by over 100k, can a lender come after my assetts? (college savings, car?)

E.'s answer | Answered on April 18, 2009

I am not admitted to practice law in Arizona. My answer is therefore for general discussion. Whether a surrender of a home will lead to the...

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Bankruptcy

E.'s answer | Answered on April 18, 2009

I agree with my colleague's answer above. I am also not admitted to practice in Kansas and cannot speak knowledgeably about Kansas law. I can...

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Can collection agency send letters after bankruptcy discharge?

E.'s answer | Answered on April 07, 2009

If the note secured by the mortgage was discharged in your bankruptcy (no reaffirmation agreement filed), then all the mortgage company can do is...

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What can happen to her? Can they put her in jail?

E.'s answer | Answered on April 07, 2009

No, they can not put her in jail. We do not have debtor's prisons in the United States. They can get a judgment against her and then attempt to...

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Can we face foreclosure after we have filed bankruptcy & did not reaffirm our house?

E.'s answer | Answered on April 07, 2009

I am not licensed to practice in Virginia, so my comments are general in nature. If you have received your discharge and are not paying your...

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Can my wife file for bankruptcy after five years?

E.'s answer | Answered on April 07, 2009

If your wife filed a Chapter 7 bankruptcy five years ago and received a discharge, she is not eligible to file and receive another discharge in a...

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Should i declare bankruptcy and let my house go into forclosure?

E.'s answer | Answered on April 06, 2009

As specific as you have been, there still is not enough information to make an informed recommendation about how you should proceed. Is the $18k...

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A friend of mine got a dui 6 years ago and a few days ago got one in a different state how much time is she looking at?

E.'s answer | Answered on April 06, 2009

The answer depends on which "different state" your friend got a DUI and other charges in. In Kentucky, she would be viewed as a first offense,...

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I did not reaffirm my mortgage, can i walk away from it

E.'s answer | Answered on April 06, 2009

General rule: If you received a discharge in a Chapter 7 bankruptcy (after buying your home) and you did not sign a reaffirmation agreement, then...

E. Brian Davis's Answers (537)

We owe more on our house than it is worth. can we walk away?

If I foreclose on my house that is upside down by over 100k, can a lender come after my assetts? (college savings, car?)

Bankruptcy

Can collection agency send letters after bankruptcy discharge?

What can happen to her? Can they put her in jail?

Can we face foreclosure after we have filed bankruptcy & did not reaffirm our house?

Can my wife file for bankruptcy after five years?

Should i declare bankruptcy and let my house go into forclosure?

A friend of mine got a dui 6 years ago and a few days ago got one in a different state how much time is she looking at?

I did not reaffirm my mortgage, can i walk away from it