Archived
What must I (debtor) do regarding this motion? What does it mean to me (debtor)? Do I (debtor) have any rights to these funds?
Blake's answer
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Answered on March 10, 2014
You will need to review this with your attorney. But normally if a trustee abandons interest in property it means they are not going to do...
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Archived
My daughters name is on the deed of our house if she claims bankruptcy for money she owes to creditors will it effect my house?
Blake's answer
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Answered on March 10, 2014
You need to review this with her and you may need to seek your own legal counsel. The fact that her name is on the deed makes this home (or a...
Archived
Can a mortgage loan servicer make you pay income taxes on the discharged debt, even if property was written off in bankruptcy?
Blake's answer
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Answered on March 10, 2014
You are not required to pay the taxes on the deficiency. This is a tax issue. You will need to review with a tax attorney and you can find one on...
Archived
Can small claim court guarantee to have the debtor pay the money he owes me?
Blake's answer
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Answered on March 10, 2014
No the court cannot guarantee payment. It is up to the individual party to take steps to collect. The Court does not care if he says he has no...
Archived
Can a bank accept automatic payments I sent after bankruptcy and the debt has been written off
Blake's answer
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Answered on March 10, 2014
Yes they can accept payments you voluntarily sent to them. Why you would want to pay on a debt under those circumstance is not clear, but you can...
Archived
I sent letter to all credit beaurues disputing wrong info, i included proof and no answer in 30 days what can i do.
Blake's answer
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Answered on March 10, 2014
I hope you have copies of the letters you sent, as well as the proof of return receipt. The credit reporting agencies may have violated the Fair...
Archived
Is there a time limit to collect a judgement?
Blake's answer
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Answered on March 10, 2014
Each state determines the length of time a judgment can be enforced. If there was no time limit that would create a lot of unfairness and remove...
Archived
LVNV funding threatened to kill my 3 corgis, and harrassed me to nervous breakdown in 2010, can I do anything lost home?
Blake's answer
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Answered on March 10, 2014
Threatening to kill someone's dogs in connection with collecting on a consumer debt would violate the Fair Debt Collection Practices Act. However,...
Archived
My sister, who owes us, filed for bankruptcy naming us as a creditor. She signed a promissory note saying she'll pay us later
Blake's answer
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Answered on March 10, 2014
Anyone who files for bankruptcy protection must list all creditors. Picking and choosing which ones to include is not an option. So the...
Archived
I have a MSJ hearing coming, and a JDB is suing me. How would I properly argue the JDB has shown no evidence to prove standing?
Blake's answer
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Answered on March 10, 2014
Knowing how to argue this requires a thorough understanding of your state's case law regarding the standard for summary judgment, assignment of...
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