Archived
Should my bankruptcy have included a modification provision for mortgage loan maturing during the bankruptcy term?
Alan's answer
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Answered on November 07, 2013
You need to modify your chapter 13 plan to allow for the payment of the loan in full during the term of the plan, which can be extended out to 2016...
Archived
What is my right as a party in interest to a debtor?
Alan's answer
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Answered on November 07, 2013
Child support cannot be discharged in bankruptcy. If the ex filed chapter 7, your claim, which is a priority, will be paid first before any others...
Archived
Can a collection agency garnish wages and taxes from a person with the same last name?
Alan's answer
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Answered on November 06, 2013
This sounds like a typical pay day loan collection practice. Intimidate references to shame the borrower into paying. Or assume that since you...
Archived
Would filing bankruptcy for an LLC that has only been operating for 1 year be hard? Also will it effect personal credit?
Alan's answer
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Answered on November 06, 2013
The LLC is not entitled to a discharge, so it would be pointless to file a bankruptcy in an attempt to avoid paying the debt. As others have...
Should I indemnify and hold my ex harmless of all my personal debt in a divorce?
Alan's answer
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Answered on November 06, 2013
This type of provision is common when debt is divided in a divorce. There is often some balancing done regarding the division of assets, so the...
Archived
Received a court date for non payment of rent. What happens next?
Alan's answer
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Answered on November 06, 2013
The court will determine exactly what you owe and give you ten days to either pay that amount (which will include costs of bringing the eviction...
Archived
Would I have to reopen my bankruptcy discharge if I have a lawsuit against my ex for unpaid child support?
Alan's answer
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Answered on November 05, 2013
Your bankruptcy addresses debt. The attorney fees to the ex are not discharged. The unpaid co-pays were an asset that was totally exempt under...
Archived
Do laws grant banks different authority to take home when CC & Home are under same roof if you stop paying on their credit card
Alan's answer
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Answered on November 05, 2013
It would be helpful if you identified the lender. The major ones (Cite, Wells Fargo, Chase, etc.) actually have separate corporations that handle...
Archived
Section of the law for dependent adult children
Alan's answer
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Answered on November 05, 2013
When it changed the law in 2005, Congress did not specify what it meant by household size. So bankruptcy practitioners have to guess what Congress...
Archived
Deficiency judgement againt guarantor
Alan's answer
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Answered on November 05, 2013
Unless fraud was involved, the bankruptcy would insulate the guarantor, and the state court judgment becomes unenforceable.
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