Archived
Iam surrendering the property in a bankruptcy case and need to know how much time I will have to leave.
Marc's answer
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Answered on October 10, 2013
It will vary on the time. Depending on whether the lender has already filed a foreclosure or not. Contact the foreclosure firm to get an estimate...
Do trustees in a Chapter 7 bankruptcy really investigate (and how vigorously) how much a debtor keeps in his bank accounts?
Marc's answer
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Answered on October 07, 2013
It varies by the trustee assigned to the case. In my district some will ask for a bank statement at the time of filing in every case. No matter...
Archived
Can I combine foreclosure and bankruptcy?
Marc's answer
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Answered on October 07, 2013
A bankruptcy will eliminate the liability on the mortgages (heloc and 1st mortgage). If you have a lot of debt and no reasonable way to pay it...
Archived
I filed a Chapter 13 bankruptcy in March this yr. I filed another Chapter 13 in July. Can I file a 3rd and get protection?
Marc's answer
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Answered on October 03, 2013
You can theoretically impose it if you show the court that the case was filed in good faith and there was a change in circumstances from the two...
Archived
How many times can you file Chapter 7 in California but never follow through with it?
Marc's answer
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Answered on October 03, 2013
If a debtor is abusing the bankruptcy code by re-filing and not following through a creditor in interest or the bankruptcy court can either ask for...
Archived
Lawyer failed to show up in court for hearing regarding bankruptcy motion to turnover.
Marc's answer
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Answered on October 03, 2013
You have a limited time to try to vacate the order that was entered. Bankruptcy rule 9023 is a rule that provides relief from an order that was...
Archived
Can collateral estoppel be used to stop a bank from submitting two different proof of claims?
Marc's answer
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Answered on October 03, 2013
No Collateral Estoppel cannot be used. A creditor has the right to amend its claim. The Debtor can object to the claim if they think something is...
Archived
What can I do about a negligent lawyer?
Marc's answer
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Answered on October 01, 2013
Most attorneys exclude adversaries from their Chapter 7 agreement due to the work necessary to litigate one including myself. A typo is not a...
Archived
What should I do if a bankruptcy attorney cost be great hardship, he lied to me regarding paperwork that I have signed, I copped
Marc's answer
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Answered on October 01, 2013
It is very unclear what happened here. You can always hire another attorney. Look at the retainer to see what you hired the attorney for.
Archived
Claim of Exemption denied. What next?
Marc's answer
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Answered on October 01, 2013
Agreed maybe bankruptcy is the answer. A writ or claim of exemptions has deadlines that must be followed. Without knowing why the judge denied it...
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