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Can a HAMP loan be modified after Chapter 7 discharge without re-establishing new debt--am I protected from the debt reappearing
Steven's answer
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Answered on March 30, 2015
A modification of an existing debt that was discharged by the same creditor to whom it was owed is not enforceable. 11 USC 524 prevents the...
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Can a HOA withhold rights to the property amenities such as pool etc. Once a chapter 13 is filed?
Steven's answer
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Answered on March 30, 2015
Presuming the worst, you are behind with the HOA. If your plan provides for payment of the arrears and IF you are current post-petition with HOA...
Archived
If you had a court ordered payment in a divorce and the person claimed chapter 13 banrupcty
Steven's answer
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Answered on March 30, 2015
As stated, if the court ordered payment from the divorce was is in the nature of child support or alimony then it is not dischargeable in a chapter...
Archived
I filed bankruptcy about 6 years ago. I filed chapter 13 and paid off my debts, I could have filed chapter 7, but I would have
Steven's answer
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Answered on March 30, 2015
Lots of legwork here for you, I am afraid. In your Chapter 13 bankruptcy, your mortgage company should have filed a proof of claim that alleged...
Archived
Does Chapter 7 resolve this buyer-seller agreement?
Steven's answer
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Answered on March 29, 2015
Based on the facts stated, yes it will clear the debt. As Mr. Grainger stated, $3k is really a small amount to be filing bankruptcy over. Since...
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Bankruptcy 2009/foreclosure 2014
Steven's answer
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Answered on March 29, 2015
The likelihood is that you do not need to do anything with it. Unlike a 1099-C (forgiveness of debt income), a 1099-A is used to establish your...
Archived
Can my daughters bankruptcy go on my credit report simply by my cosigning a credit card for her?
Steven's answer
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Answered on June 13, 2014
Review your credit card terms. Normally, the creditor does not have a duty to notify you. Likewise, the credit card company did not "let the card...
Archived
Do I need to be concerned about a Chapter 7 Trustee wanting money from us if we had a lot in our bank account?
Steven's answer
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Answered on June 13, 2014
The bankruptcy assets included in your estate are based upon the Chapter 13 filing UNLESS the conversion was filed in bad faith, then the relevant...
Archived
I filed CH13 in 2012 and am unable to pay the high monthly payments required of the plan. What are my options?
Steven's answer
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Answered on June 13, 2014
You can refile a Chapter 13 1 day after the previous bankruptcy is dismissed (as long as it was not dismissed with a bar to refiling -- rare...
Archived
Mortgage after chapter 13 with inheritance. Is this possible?
Steven's answer
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Answered on June 13, 2014
Your husband's inheritance is not part of your bankruptcy estate. You should not allow your name to be on the deed to the new residence until...
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