Archived
What is the proper procedure for challenging whether a certain asset is or is not property of the debtor's Ch 13 estate?
Omar's answer
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Answered on July 26, 2013
You will need to obtain the help of a lawyer who is familiar with bankruptcy. Your question seems to assume that if you can successfully challenge...
What does it mean if a Chapter 13 case that was dismissed has been vacated due to a premature closing?
Omar's answer
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Answered on July 26, 2013
If a bankruptcy discharge is vacated, it is no longer operative. This means that the goal you set out to achieve when you filed, a bankruptcy...
Archived
IF I FILE CHAPTER 13 BANKRUPSTY WILL I STILL BE GRANISHED
Omar's answer
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Answered on June 06, 2013
No. Your creditors are not legally permitted to garnish you while you are in Chapter 13. However, Chapter 13 does require a payment plan, so you...
Archived
Will a bank consider a deed-in-lieu if they hold 2 mortgages on the property? Both mortgages have been discharged in Chapter 7.
Omar's answer
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Answered on June 06, 2013
This is the kind of situation in which I would advise my client to let the bank foreclose. Because the debt has been discharged, the lender cannot...
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Archived
What are the rules for 401k contributions counting in a chapter 7 or 13 in Ohio ?
Omar's answer
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Answered on June 05, 2013
Ms. Bunce is spot-on as usual. The rule on this varies by jurisdiction. If your case might be a Chapter 13 if the 401(k) contribution is not...
Archived
Do i have to amend to list as a creditor someone who filed an appearance?
Omar's answer
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Answered on June 05, 2013
The creditor quite clearly has notice of the case. To the extent that they attempt to argue that the debt owed to them should not be discharged...
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Archived
Are there any reprecusions after signing a quick claim deed?
Omar's answer
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Answered on June 04, 2013
You are referring to a "Quitclaim Deed" not a "Quick Claim Deed." A Quitclaim Deed transfers whatever rights in the property you have. Generally...
Archived
Filed Chapt 13 in 2010. My atty won't answer my calls since he now longer does bankruptcy.
Omar's answer
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Answered on June 04, 2013
Obtain a new attorney.
It is not very professional to leave a client who is in Chapter 13 to fend for themselves during the plan, but it...
Archived
Chicago, IL jurisdiction (specifically) pertaining to 401(k) Loan CH7 Bankruptcy Schedule listing: D & I -or- just Schedule I?
Omar's answer
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Answered on June 04, 2013
I'm not sure about the practice in Chicago or what the trustees there expect to see. In Detroit, we generally do not include 401(k) loans as debt...
Archived
Can child support arrears be included in a Chapter 13 filing?
Omar's answer
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Answered on June 04, 2013
You will be required to list the Child Support Arrears as a priority claim and pay them through your Chapter 13 Plan. They will generally need to...
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