Archived
Would my second mortgage lender have any recourse if i where to stop paying them but keeping my primary lender Current
Kerry's answer
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Answered on October 05, 2013
Call your bankruptcy attorney to verify that you did not "reaffirm" the debt with the second mortgagee. If not, then they will have no personal...
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Archived
Can I go bankrupt for charges that were made in my name for years, I chose not to prosecute family. I recently discovered this.
Kerry's answer
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Answered on October 05, 2013
Yes, you can discharge your obligation. Discuss with your attorney what the filing will mean for the family member. You likely have a claim...
Can the trustee take life insurance proceeds? Spouse died while WE were in Ch 7.
Kerry's answer
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Answered on October 05, 2013
Very important to consult with your attorney soon. General rule is that any interest in life insurance or inheritance that you obtain an interest...
Archived
Could I declare bankruptcy if I needed to?
Kerry's answer
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Answered on October 03, 2013
As stated by others, you're not able to file chapter 7 again until October 2018. However, after October 2014 you can file a chapter 13 (just one...
Archived
I am being asked to pay a debt that I dispute.They have hired an attorney to collect from me. I need an attorney
Kerry's answer
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Answered on September 26, 2013
Continue disputing. Also check out California's statute of limitations law. In Michigan it is 6 years, not sure about California's. Will be...
Archived
If an employer does not process a legal garnishment order what are my legal options?
Kerry's answer
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Answered on September 26, 2013
Very serious action on employer's part. Not good thinking. I recently represented a small business that had done the same thing unintentionally. ...
Archived
Am I responsible for balance on mortgage?
Kerry's answer
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Answered on September 26, 2013
Looks like you are good since you didn't sign reaffirmation (which is chapter 7 language so that is what you filed), the mortgage note was...
Archived
Can I open a business banking account with a collection against me personally?
Kerry's answer
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Answered on September 24, 2013
Obtain a Federal Employer Identification Number (the FEIN) in the name of a LLC rather than under your DBA name. A separate entity will provide...
Archived
What happens if my house is foreclosed during a remodel?
Kerry's answer
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Answered on September 24, 2013
You have no duty to improve or repair or to finish any projects.
At the same time you want to avoid any question of bad faith. You don't want...
Archived
My husband passed away last year. both of our names are on the 1st mortgage, but only his is on 2nd mortgage.
Kerry's answer
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Answered on September 21, 2013
My guess is no. It is unlikely the second mortgage company didn't require you to also sign the mortgage (you probably signed the mortgage but not...
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