Chapter 7. Filing but spouse is not. Know I have to include spouses income. But, do I need to attach her paystubs?

Each court/trustee handles this differently. You need to have the spouse's pay histories available. I recommend you have an attorney assist you,...

If you are in a Chapter 7 bankruptcy, is it easier to get a mortgage modification after the discharge.

Bankruptcy should be irrelevant in seeking modification of your mortgage under HAMP. We generally do not reaffirm real property loans.

Does an inherited IRA have the same exemption from attachment by creditors as a non-inherited IRA in the state of Arizona?

In re Hamlin, No. 11-1083 (B.A.P. 9th Cir. February 21, 2012). Holds that they are exempt. This may end up at the Supreme Court as this is not...

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Can I file for Chapter 7 Bankruptcy before the dissolution of marriage?

I usually recommend filing a joint bankruptcy so that all your are dealing with in the divorce is division of assets rather than arguing about who...

Can a debtor bring an adversarial proceeding to determine dischargability of debt against a claimant in a bankruptcy?

When you file bankruptcy, an unfinished state court claim is one of the debts you list. It is up to the creditor to either file an adversary...

Mortgage Company collecting on chapter 7 discharged debt??

Any attempt to collect a discharged debt is a violation of the discharge injunction. Since BOA had the debt at the time of discharge, transferring...

You have a claim for the use of the timeshare, so you should file a claim. In reality, it will probably honor your rights, so the claim will be...

Should I keep paying credit card minimums when I plan to file for Chp 7 next month? If yes, I can't save enough for attorney fee

If you know you are going to file, stop paying credit card debt NOW. Do not waste your funds on something that will be discharged. Save the money...

My bankruptcy was discharged in January 2012. I'm still receiving bills from a creditor that was included in the bankruptcy.

See this case for a similar circumstance - GMAC violated the discharge injunction by failing to pick up a worthless car or releasing the lien so...

How do I get my mortgage co. and my finance co. for my auto loan to start reporting on my credit report, since they are current.

Ask the lenders to provide you with payment histories from Nov 2010 to now. Provide same to credit reporting agencies and ask that they verify the...

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