Archived
I went through bankruptcy three years ago. I tried, but couldn't keep up with house payments. Now, the house is in foreclosure
Alan's answer
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Answered on April 04, 2013
NO, the bankruptcy eliminated the debt. The lender can only take action to recover the property, and would be in contempt of the bankruptcy court...
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I have a chase credit card in collections ($4,500) and I currently bank with chase, can they levy my account without a judgment?
Alan's answer
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Answered on April 04, 2013
Chase credit cards and Chase Bank are probably different entities, and cannot offset one's debt from deposits of another. That being said, you are...
Archived
When does garnishing stop when you file for a chapter 7?
Alan's answer
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Answered on April 04, 2013
As soon as the IRS gets notice, it should stop the garnishment. And it should undo the garnishments that occurred after you filed. If the IRS...
Archived
Should an attorney try to bill me for a bankruptcy that was not filed?
Alan's answer
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Answered on April 04, 2013
You took up quite a bit of your attorney's time. That is what we get paid for - our time. So it is eminently reasonable that you would be...
Archived
Can I discharge a college debt that is not a student loan but was a pell grant?
Alan's answer
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Answered on April 04, 2013
The bar on discharging student loans also includes the repayment of benefits. See 11 USC 523(a)(8)(A)(ii): an obligation to repay funds received...
Archived
Can you catch up on Mortgage payments prior to filing chapter 7?
Alan's answer
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Answered on April 04, 2013
Generally, yes. If you have an aggressive chapter 7 trustee, there could be issues, so you should consult with local counsel to assess this.
Archived
Chapter 13 Motion to Retain Tax Refund "how-to"
Alan's answer
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Answered on April 04, 2013
Consider dismissing your current chapter 13 and filing a chapter 7 if you now qualify for a discharge, or a new chapter 13 based on your current...
Archived
I need to file bankruptcy, I have Federal student Loan debt with garnishment of 600.00 monthly. I'm in financial hardship.
Alan's answer
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Answered on April 04, 2013
If you cannot work something out with the lender directly, a chapter 13 would allow you to set reasonable payments. Hardship discharge of the...
Archived
Bankruptcy and foreclosure
Alan's answer
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Answered on April 03, 2013
You should offer the lender a "cash for keys" arrangement. You get cash, it gets keys. You give up the rest of your redemption period, the lender...
Archived
Can a debt collector call my in-laws and disclose that we owe a debt as well as the amount of that debt?
Alan's answer
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Answered on April 03, 2013
They are pretty much limited to requesting information about how to contact you. Talk to a Fair Debt Collection Practices Act (FDCPA) attorney to...
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