Archived
If a mortgage is not reaffirmed after Chap 7, and you walk away, is the foreclosure process quicker?
Juan's answer
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Answered on August 31, 2013
You likely have at least a year to move. You'll get plenty of notice of the sale when it gets set.
You are still the owner in the meantime so...
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Archived
I filed chapter 7 bk in indiana pro se. Do I have to use a different exemption for an auto than the one for personal property?
Juan's answer
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Answered on August 16, 2013
If you have $10,500 worth of assets and only $9,350 to exempt it, then you are going to lose $1150 worth of assets.
The question calls for...
Want to file Ch. 13 100% plan; If all dis. income pay off debts before 60 months, do I have to surrender all disposable income?
Juan's answer
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Answered on August 12, 2013
In Fort Wayne, Trustee Miller will initially object to your plan as proposed if it does not pay all of your disposable income to creditors. ...
Archived
If a person has a bankruptcy that has been completely discharged, can a university still withhold transcripts?
Juan's answer
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Answered on July 10, 2013
This is a violation of the stay/discharge.
See In Re Keuhn, 7th Circuit:
http://www.intheiropinion.com/uploads/file/stritch.pdf
Archived
Should my attorney had filed a motion to avoid a Judicial Lien although my bankruptcy was dismissed without prejudice in 2010?
Juan's answer
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Answered on July 09, 2013
A motion to avoid lien is only valid if you complete the case and receive a discharge. So even if the motion had been filed and the lien avoided,...
Archived
Can you file bankruptcy on child support arrearage ?
Juan's answer
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Answered on June 18, 2013
Child support arrears cannot be discharged in bankruptcy.
Archived
Can a medical lien put on a pay out of a future lawsuit be discharged in bankruptcy?
Juan's answer
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Answered on June 05, 2013
If she is filing bankruptcy anyway, the lawsuit is going to be an asset in the bankruptcy.
Indiana only allows you a debtor to protect $350...
Archived
In a Chapter 13 for 2 years now -- 100% payment plan. Have 3 years to go. Can I keep check to get car fixed from accident
Juan's answer
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Answered on May 13, 2013
You will probably be ok to use the funds to repair the car. However, you need to have your attorney check with Trustee Miller's office to be sure....
Archived
I need a tax lawyer to help with back taxes me and my wife are unemployed and we are using my Ira to get by till I get
Juan's answer
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Answered on May 10, 2013
You should definitely consult with someone before drawing from your IRA. Those funds in the IRA are exempt from creditor collection (most likely)...
Archived
I am thinking of filing chapter 13, how does this work with a mortgage?
Juan's answer
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Answered on April 29, 2013
You can continue paying your mortgage either directly to the mortgage company or via the Trustee. There are pros and cons to both methods, which...
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