Archived
What date do you go by for the automatic stay to continue past 30 days when a second petition is filed?
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Answered on May 29, 2015
The Motion to Extend the Stay can be should be filed with the case. Because of the time sensitive nature and the importance of extending the stay,...
Archived
Will I get my car back
Scott's answer
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Answered on May 29, 2015
Did they sell the car? If not, you may be able to file a Chapter 13 debt repayment plan if you can afford to fund the plan. If the car is sold,...
Archived
Here is more info. I filed for a conversion to a 13 then few days later Trustee filed to sell property to pay his fees and one
Scott's answer
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Answered on May 25, 2015
The motion to convert should contain an amended Schedule I income and Schedule J expentiures to determine if a Chapter 13 is feasible. There is...
Can I be prosecuted for not paying a JcPenney's credit card?
Scott's answer
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Answered on May 11, 2015
I agree with the answers from the other attorneys. The real question is what are the rest of your finances like? Is the JC Penny card your only...
Do i list both of our cars as exempt on schedule c if i want to reaffirm one and surrender the other. chapter 7.
Scott's answer
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Answered on May 03, 2015
As a rule, my opinion is too take all avaiable exemptions. If you are entitiled to that exemption take it. What if the title is defective and...
Archived
Can you save a house by filing a Chapter 13 in Ohio after the sheriff's sale but before the court confirms the sale?
Scott's answer
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Answered on May 03, 2015
After the sale if the bank bought it back, you might be able to enter in to an agreed order in a Chapter 13 to keep the house and pay the arrearage...
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Our Chapter 13 attorney is advising us to dismiss and refile to address our trustee wanting to double our monthly payments.
Scott's answer
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Answered on April 14, 2015
FYI: if you dismiss your case voluntarilly you can't refile for 6 months. If you decide to dismiss the case, let the court dismiss it. If the...
Archived
What are the state exemptions for Georgia on a garnishment of an traditional IRA?
Scott's answer
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Answered on April 06, 2015
In Ohio IRA's are exempt as long as you did not take a large sum of money and put it in to the IRA on the eve of filing bankruptcy.
Archived
How can I negotiate a payment plan for a private student loan without a fight with the debt collector?
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Answered on March 28, 2015
Is your loan serviced or sold to the National Collegiate Loan Trust? The rules applying to third party loan buyers include them providing proof...
Archived
Student loan debt, I asked the company to take 3 weeks off, they agreed, but they withdrew the very next day, what can I do?
Scott's answer
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Answered on March 25, 2015
When you contact a creditor they tell you "any information obtained can by used against you to collect a debt". With that being said, absent...
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