Archived
I am about to receive a large social security settlement. I have several debts. can i file bankruptcy before the check is issued
David's answer
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Answered on November 21, 2009
The ability to exempt the Social Security under the Federal exceptions is the "right to receive," once received they are no longer exempted under...
Archived
Can i file chapter 7 after chapter13
David's answer
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Answered on November 21, 2009
Since you case was dismissed, you can file a chapter 7 bankruptcy. However the automatic stay is only valid for 30 days unless your attorney files...
Archived
How many years between filings can you refile chapter 13? is it from discharge date to discharge date?
David's answer
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Answered on November 21, 2009
You can always file another chapter 13; the issue is you entitled to a discharge. The answer to this question is you can’t have received a...
Archived
What happens to money given tne trustee in a chapter 7 case if you voluntarily close the case without discharge
David's answer
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Answered on November 21, 2009
Unfortunately the balance will not be returned to you, it will be used to pay some of your creditors on a pro-rata basis. If no creditors filed...
Archived
I work for a financial institution in which I have two loans. Can I be fired if I file bankruptcy and they take a loss?
David's answer
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Answered on November 21, 2009
The Bankruptcy Code, at 11 U.S.C. sec. 525(b) states that "No private employer may terminate the employment of, or discriminate with respect to...
Archived
Can I get sued on a foreclosure when I have a divorce decree stating I was to refinance?
David's answer
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Answered on November 21, 2009
Once the first mortgage forecloses on the residence, the 2nd mortgage is an unsecured debt and they can legally pursue anyone originally liable on...
Archived
My girlfriend's car note is behind 4 payments & her great grandmother is the co signer. What happens if it is not paid?
David's answer
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Answered on November 20, 2009
After a judgment is entered the creditor will go after anyone who is liable on the judgment, typically they go after the easy collection. Social...
Archived
I am being sued by a creditor for a debt that i settled over 7 years ago, is this legal?
David's answer
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Answered on November 20, 2009
Do not make a payment on this debt, until it has been validated. The Statute of Limitations (SOL) in Michigan for credit cards is 6 years, which...
Archived
Do we need an bankruptcy attorney
David's answer
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Answered on November 20, 2009
If you prior chapter 13 was dismissed, you are able to file another chapter 13 bankruptcy. The questions is do you and your husband have the...
Archived
I still have a vehicle under reposession and received a summons. I wish to turn vehicle in. Do i return to dealer or creditor?
David's answer
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Answered on November 18, 2009
Once the vehicle is in the hands of the creditor they will sell and come after you for the deficiency. To minimize this deficiency it is...
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