Archived
If I purchase a 2nd vehicle shortly before filing bankruptcy, can I count both vehicles' expenses on my means test?
Kathleen's answer
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Answered on August 09, 2013
I disagree with my colleague. While it's true that the UST keeps a close eye on the means test (and usually will not hesitate to object if he or...
Archived
Insurance Credit Score
Kathleen's answer
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Answered on August 09, 2013
You ask a legitimate question, especially in view of the fact that you say you do not have any tickets and have not made any claims in over 10...
Archived
I am entering chapter 13, and I have an attorney to represent me. But.
Kathleen's answer
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Answered on August 09, 2013
You do not get to pick and choose how you'd like individual creditors to be paid in your chapter 13 plan. Creditors are classified (e.g., secured...
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Archived
I filed a Chapter 13 bankruptcy that is discharged. I was told a certain debt would be discharged after and it ends up it is not
Kathleen's answer
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Answered on August 08, 2013
Under section 523 of the Bankruptcy Code, unless you file a separate lawsuit (called an adversary proceeding) in your bankruptcy to have the court...
Archived
Is there a time limit on creditors to repossess a home mortgage discharged in chapter 7?
Kathleen's answer
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Answered on August 08, 2013
Unfortunately, it's all too common these days for mortgage companies to leave debtors on the hook for homes that they no longer occupy (or intended...
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Archived
Voluntary Chapter 7 Bk - Can (not filed on) car creditor force me to agree to an added Balloon payment, after Reaffirmation?
Kathleen's answer
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Answered on August 08, 2013
You are mis-speaking, since you cannot pick and choose which accounts you include in your bankruptcy. You "filed on" both your student loans and...
Archived
What happens if I file Chapter 7 bankruptcy and a creditor comes up after the fact that I didn't know about?
Kathleen's answer
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Answered on August 01, 2013
The majority rule in most jurisdictions is that even if you omit creditors, those debts are discharged as long as it is a no-asset case. The...
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Archived
Attorney failed to include utility debts on my Chapter 7 banruptcy. Debts were on my credit report.
Kathleen's answer
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Answered on October 15, 2012
I understand your frustration, and for what it's worth, I think your attorney is wrong to charge an additional fee if the debt was listed on your...
Archived
Can a car be repos if a 7 Bky had been discharged without notice?
Kathleen's answer
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Answered on October 14, 2012
With the bankruptcy reforms in 2005, the "ride-through" option (where you continue to make your payments but do not reaffirm) was eliminated. ...
Can I include a Parent Plus loan in a chapter 13 bankruptcy?
Kathleen's answer
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Answered on October 11, 2012
While I agree with Ms. Bowinski that you can't deduct your student loan payments from your monthly income BEFORE determining how much you have to...
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