Archived
Who pays for the attorney and PR fees when the only significant estate asset is the the homestead (protected from creditors)?
Alan's answer
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Answered on December 23, 2012
This is what judges are for. Petition the court for fee approval. The heirs do not have to agree, and the judge will give their opinions due...
Archived
Is it ok to withdraw $3000(balance $3500) out of Scottrade acct to pay off a TSP loan at the Post Office. Filing for Chap 7 soon
Alan's answer
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Answered on December 23, 2012
It might be, but talk to a chapter 7 attorney about pre-petition planning since doing the wrong thing could end up with losing the payoff amount...
Archived
I am looking at converting from a chapter 13that was filed in April of 2012 to a chapter 7
Alan's answer
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Answered on December 23, 2012
It depends on how your court and trustees approach the issue. You should talk to your chapter 13 attorney about this. If you do not have one, you...
Archived
My house is being sold on courthouse steps on jan 2 2013 my house was inculed in my bankruptcy can they do anything to me
Alan's answer
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Answered on December 22, 2012
You should have no personal liability on the loan, so the lender is left with recovering the property, and leaving you alone.
Archived
Doesn't Nobleman and Dewsnup state no bifurcation of jr lien on pers. residence? If so, entire lien still in tact in new Ch. 13.
Alan's answer
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Answered on December 22, 2012
Mr. Press is absolutely correct.
Archived
Can a post judgement receiver be appointed post BK to recover this asset for soley for me or must i disclose this 2 the trustee?
Alan's answer
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Answered on December 22, 2012
If you brought an adversary proceeding to have the debt declared not discharged in the bankruptcy, you can continue efforts to collect. But the...
Archived
Can the bankruptcy court charge me with perjury if I claim that I didn't know anything about a business that I opened?
Alan's answer
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Answered on December 22, 2012
Yes. You are committing perjury. Your last sentence says it all. "I didn't think there was anything around that could get me caught... " You...
Archived
Can I file bankruptcy if I am repaying a Court ordered debt??
Alan's answer
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Answered on December 22, 2012
If it is court ordered restitution, probably not. There may be loopholes, but you need an attorney to assess the circumstances.
Archived
Bankrupcy before or after divorce
Alan's answer
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Answered on December 19, 2012
As a general rule bankruptcy should come first. Then the divorce deals with allocating assets, not debt. Divorcing first requires the family law...
Archived
How to file for a chapter7?
Alan's answer
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Answered on December 19, 2012
If you do it on your own you will end up losing something that an attorney could have saved. So you should spend the money for a competent...
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