Archived
My Chapter 7 Bankruptcy was discharged 3 yrs ago. My lender is asking me to fill out a MHAP Hardship Affidavit. Should I?
Alan's answer
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Answered on February 26, 2014
Lenders use computer programs to make decisions. Your bankruptcy eliminated your obligation. But the lender's computer does not accept that...
Archived
Can I pay less on my car in bankruptcy? Car is worth $5000, but i owe more than $20,000
Alan's answer
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Answered on February 26, 2014
Yes, in chapter 7 you would need to file a motion for redemption, and you would have to have the total amount that the vehicle is worth to pay when...
Archived
Can I get out of a collateral assignment on my life insurance if the loan is included in chapter 13 bankruptcy.
Alan's answer
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Answered on February 26, 2014
Your facts are not clear. Did you win on the issue in the first 13? If so, it should be res judicata in the second. If not, then you need to...
Archived
How to negotiate a move out after receiving a Motion For Strict Foreclosure?
Alan's answer
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Answered on February 26, 2014
Contact the attorney for the lender and tell them you are willing to move on. Offer a deed in lieu of foreclosure - you might as well ask for cash...
Archived
My wife flied for bankruptcy without my knowledge in my name
Alan's answer
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Answered on February 26, 2014
Two choices: Claim that your spouse committed bankruptcy fraud and get her sent to prison. Or, considering the circumstances, confirm that she...
Archived
Chapter 13 filed by my ex included a car I was granted divorce now I can't get the title or trade?
Alan's answer
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Answered on February 26, 2014
You may need to file a motion in the bankruptcy case to require the lender to release title to you upon payoff. And if your ex has not signed it...
Archived
Need to know if i should file a chapter 13 or 7 bankruptcy.
Alan's answer
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Answered on February 26, 2014
You need an analysis of when the IRS debt is eligible for discharge. Unemployed for two years leads me to believe this IRS debt is old enough or...
Archived
Can a lawyer be sue for malpractice
Alan's answer
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Answered on February 26, 2014
I suggest you talk to your bankruptcy attorney about reopening your case and filing a lien strip action. The 11 circuit, of which FL is a part,...
Archived
I filed chapter 13 in TX 2009 that went to chapter 7 in 2011 and discharged in 2012. How long before I can file chapter 13 in AL
Alan's answer
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Answered on February 26, 2014
You could file a 13 the day after the 7 discharge, but you would not get another discharge until at least four years after the first case was...
Archived
Ex has filed Chapter 7 Bankruptcy.
Alan's answer
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Answered on February 25, 2014
Sounds like you need to do nothing. You agreed to be responsible for the joint debt in the divorce, so you are still responsible after the...
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