Archived
Is it possible to sue for the value of someone's home if the person filed bankruptcy, but kept their home?
Alan's answer
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Answered on June 06, 2012
You would need to bring an adversary proceeding in the his bankruptcy before the discharge in order to establish that the debt cannot be discharged...
Archived
Can we move to another state after the creditor's meeting, but before our bankruptcy case is over?
Alan's answer
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Answered on June 05, 2012
Yes you can move. If something comes up in your case, you may have to return for a hearing, but the cases I have handled with a client moving have...
Archived
Short sale in a CH13 with 2nd note in the CH13.
Alan's answer
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Answered on June 05, 2012
If you can get the second to sign off on a short sale, then go for it. Most lien strips are not effective until you get the chapter 13 discharge,...
Archived
In the event of a death, with an estate that has more liability that assets, can bankruptcy be declared to avoid probate?
Alan's answer
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Answered on June 05, 2012
The estate is almost the same as bankruptcy. All assets in the estate are liquidated and the debts are paid to the extent possible. Of course,...
Archived
Mortgage increased in a CH13 w/leinstrip on 2nd.
Alan's answer
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Answered on June 05, 2012
Sounds like a possible violation of the service member's relief act. You may need to file a plan modification to address the issue - if the lender...
Archived
Husbands ex wife has not paid her half of judgement, how do we stop the garnishments from his check? He has paid his half.
Alan's answer
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Answered on June 05, 2012
He can file bankruptcy so the creditor can only go after her. He can also ask the divorce court to make her liable to him for the excess payments,...
Does the Cash For Keys Program work with those who had a VA Home Loan (VHDA)?
Alan's answer
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Answered on June 05, 2012
It depends on the lender. A VA loan is one that is guaranteed by the VA. The VA will reimburse your lender for certain amounts associated with...
Archived
Paying a loan payment to a company that says they bought out the company that I got a loan from.
Alan's answer
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Answered on June 05, 2012
Yes. The Fair Debt Collection Practices Act requires the collector to verify the debt, which means providing you with the original documents...
Archived
Chapter 13- 341 Meeting of Creditor
Alan's answer
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Answered on June 05, 2012
What is not fair? The next major event on your case is 5 weeks away. There is time to deal with your concerns. Cut your attorney some slack...
Archived
I had a credit card in 2007. The line of credit was 6000. it is now 2012 and a debt collector is demanding payment in full.
Alan's answer
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Answered on June 05, 2012
The statute of limitations runs from your last payment, so before you do anything, talk to an attorney who handles debt collection issues. When...
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