Archived
I have fallen behind on both my Chapter 13 payments and my mortgage. Which one should I focus on getting caught up with?
Daniel's answer
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Answered on April 13, 2013
You should be very careful before deciding what to do. If you have an attorney in your case, you should talk to your attorney. Once you fall...
Archived
I filed a Chap.13 with my now ex-husband in 2008 but it was dismissed later that year for nonpayment. Can I now file a Chapter 7
Daniel's answer
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Answered on April 13, 2013
The Chapter 13 that was dismissed in 2008 won't prevent you from filing a Chapter 7 Bankruptcy. You need to speak with a Bankruptcy Attorney to...
IN REM Deficiency in IL Foreclosure?
Daniel's answer
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Answered on March 31, 2013
From what you mentioned, the mortgage company will not be able to sue you for the deficiency. It is important that you discuss any other debt...
Archived
Is a deed in lieu a good option?
Daniel's answer
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Answered on March 03, 2013
A deed in lieu is just one of several options available. Banks do not always accept deeds il lieu of foreclosure. There are strict rules set by...
Archived
If our condo unit is in foreclosure, and we are current on the assessments, can the condo association charge legal fees ?
Daniel's answer
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Answered on March 03, 2013
Yes the association can charge legal fees for participating in the foreclosure case. The association is a part of the foreclosure case in Illinois...
Archived
I am in a chapter 13 and need to refile to add a car that was not originally added to the case and they want to not repossess
Daniel's answer
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Answered on March 03, 2013
If you have an attorney representing you, it is best to contact that attorney to discuss your options. It is a problem if you did not list the...
Archived
Bankruptcy Disposal Income Calculation : Illinois
Daniel's answer
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Answered on February 27, 2013
As the other attorneys mentioned, the means test disposable income calculation is very complex. I too would recommend that you gather pay stubs for...
Archived
Will I likely be sued if I walk away from my foreclosed condo with association fees still due after my bankruptcy
Daniel's answer
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Answered on February 24, 2013
The Bankruptcy Code (the law) says that you are responsible for any association dues after you file a bankruptcy case. This can be a substantial...
Archived
Can a bank foreclose on a home without a genuine copy of the promissory note?
Daniel's answer
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Answered on February 24, 2013
As the other attorneys mentioned, this is a difficult defense to use. If, indeed you did not sign the note, you should explore this as a defense...
Archived
Do personal judgements resulting from personal guarantees of business loans get "wiped out" in a chapter 13 banruptcy?
Daniel's answer
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Answered on February 10, 2013
Much more information is needed to give a full answer. Individual business owners who guarantee the corporate debt often have complicated...
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