Bankruptcy Adversary Trial

Code section 523(d) provides that the if a creditor on a consumer debt files a non-dischargeability action, and the debt is discharged (meaning you...

Is it better to file bankruptcy before or after a divorce?

I prefer filing for a married couple before the divorce. With the elimination of debt, the property settlement in the divorce will be much...

Could someone walk me through the bankruptcy process?

You will not be able to file again for 8 years. Your resource for the 6 year period is about 7 years old, as it became 8 years in 2005. What else...

Can we refile ch13 to save our home after hardship discharge in Feb?

Yes you need a competent bankruptcy attorney. You are smart to have a back-up plan in the event the lender decides to foreclose while considering...

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What happens if you file bankruptcy and your home is in your name, but the loan is both your name and your ex-husbands.

The lender cannot foreclose if you are current on the loan. Bankruptcy filing will not change that.

Should we be doing more with this property after bankruptcy (bk) or just keep collecting the rent?

It sounds like you failed to disclose the home you own with a mortgage. You need to do so before the trustee finds out and claims the right to...

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What is the difference between chapter 7 and chapter 13 bankruptcy??

Here is a summary of what you can keep in Iowa: http://www.bankruptcyinformation.com/ia_exemp.htm Chapter 7 wipes out debt and gives you a...

Would it be possible to buy a car while you are in active chp13?

You will need to file a motion to incur additional debt (most areas have a "more than X amount figure, but 12k is definitely one you will need...

If you were served, you were likely sued. A letter is not going to protect you. You need to answer the lawsuit. You also need to consider...

My wife received a final judgement for a repossession from 5 years ago. Does she have to pay?

Once the debt was taken to judgment, a whole new timeline is in place, because the debt has now become an enforceable judgment that has its own...