Archived
I have a bankruptcy question. I have bought a house 8 months ago. It has 40k in equity. Can it qualify as a primary residence?
Alan's answer
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Answered on April 01, 2013
Many courts look at your intention at the time of purchase. Since you did not intend for it to be your residence when you purchased, you could...
Archived
Why my Home Insurance is asking for a copy of my Chapter 13 Bankruptcy case for my claim ?
Alan's answer
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Answered on April 01, 2013
If you failed to list the property in your bankruptcy, the insurance company can assert that either your claim is false, or your bankruptcy was...
Archived
Can we buy our way out of a Chapter 13 in Arizona? We're 45 months into our 5 year plan.
Alan's answer
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Answered on March 29, 2013
You need to disclose the lawsuit to your chapter 13 attorney and the trustee. Your post petition wages are part of the bankruptcy estate, and any...
Archived
Can a university release transcripts or issue a degree if the tuition owed is discharged by Chapter 7?
Alan's answer
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Answered on March 29, 2013
Once you file bankruptcy, the bankruptcy courts have held that the failure of the school to provide transcripts is a violation that can result in...
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Archived
1 year after ch 7 discharge and rec letter from bass and assoc.
Alan's answer
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Answered on March 29, 2013
B & A claim a security interest, but cannot support the claim. Ignore them, or if you feel compelled to respond, tell them to bring an action in...
Archived
Are there grounds for an objection to bankruptcy trustee's fee if it is extremely high and could I bring them up on malpractice?
Alan's answer
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Answered on March 28, 2013
Malpractice would not apply to a trustee. Breach of fiduciary duty perhaps by someone injured by that breach (generally your creditors, whose...
Archived
We are in a Chapter 13 and our lender did not pay for our Homeowner's Insurance (it has always been in escrow)
Alan's answer
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Answered on March 28, 2013
Pay the insurance, even if it means NOT paying the trustee. At the same time, file a motion to find the lender in contempt. It filed a claim...
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Archived
Can I file for bankrucpty to stop a garnishment on my wages, that is causing a problem for my living
Alan's answer
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Answered on March 28, 2013
There are lots of factors to consider before filing bankruptcy, but if you do file, the garnishment will stop and you may be able to recover...
Archived
How long is the statute of limitation for auto loan in Iowa?
Alan's answer
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Answered on March 28, 2013
From the site of an Iowa attorney: Promissory Note: 5...
Archived
Discharged October 2012, Assets abandoned Mid March 2013, case still open
Alan's answer
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Answered on March 28, 2013
I have a trustee that does the same thing. I actually filed a motion to have all assets deemed abandoned, which the court granted three months...
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