Questions answered by Marc Gregory Wagman

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Do I still pay the trustee even though the automatic stay was terminated

Marc's answer | Answered on October 31, 2011

I am confused. Either the case was dismissed or it wasn't. If it was dismissed then you no longer pay the trustee, and you would have to refile...

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On proof of claim with missing docs in Ch. 7, can discharge be entered & can lender foreclose prior to Trustee review of claim?

Marc's answer | Answered on October 31, 2011

Discharge is normally 120 days after filing or earlier in most Chapter 7's. The creditor can file a motion to modify the automatic stay in a...

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(Chapter 7) Motion For Relief From The Automatic Stay (Hearing)

Marc's answer | Answered on October 31, 2011

If it is a Chapter 7 the court will grant the motion if the trustee does not object due to equity. The motion will usually be granted immediately...

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Collection agency lawyer (credit card ) filed to motion aganist my house(lien), No equity on my house, what can I do now ?

Marc's answer | Answered on October 31, 2011

If the debt is significant you should consider bankruptcy. It really depends if you have other debts out there and what your circumstances are. ...

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Is it mandatory that prior to a complaint filed that the debt collector /attorney or the Plaintiff must send a

Marc's answer | Answered on October 31, 2011

Generally they do not have to make a demand in most states. They can just sue... Hope this helps...

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If I already called & tried to settle (but was refused) when I got a summons for credit card debt can I still Deny on my Answer

Marc's answer | Answered on October 31, 2011

Settlement offers cannot be used in court for admission of liability. You must file an answer to avoid a default judgment and you may deny the...

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In a Chapter 13 bankruptcy proceeding, may a creditor request copies of the debtor's tax returns AFTER the 341 meeting was held?

Marc's answer | Answered on October 31, 2011

Yes, the creditor can request a copy of your tax return upon a motion or request (motion) pursuant to 11 USC 521. In a Chapter 13 the request can...

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After getting a Chapter 7 discharge on my home, does the automatic stay end or is a motion to lift stay necessary to foreclose?

Marc's answer | Answered on October 31, 2011

If the case was discharged there is no stay in place. The lender can go through the foreclosure process pursuant to state law. How long it takes...

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I'm in Chpt. 13. What does it mean when it says my case is "tentitive to dismiss"?

Marc's answer | Answered on October 31, 2011

You have to file a plan within 14 days of the filing of a Chapter 13. If you don't you need to extend the time to file the plan. It appears that...

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Question on notice required for disposition of repo car.

Marc's answer | Answered on October 31, 2011

I am licensed in Illinois. If you filed a Chapter 7 and surrender a car then in Illinois under state law the creditor disposes of the property...

Marc Gregory Wagman's Answers (1797)

Do I still pay the trustee even though the automatic stay was terminated

On proof of claim with missing docs in Ch. 7, can discharge be entered & can lender foreclose prior to Trustee review of claim?

(Chapter 7) Motion For Relief From The Automatic Stay (Hearing)

Collection agency lawyer (credit card ) filed to motion aganist my house(lien), No equity on my house, what can I do now ?

Is it mandatory that prior to a complaint filed that the debt collector /attorney or the Plaintiff must send a

If I already called & tried to settle (but was refused) when I got a summons for credit card debt can I still Deny on my Answer

In a Chapter 13 bankruptcy proceeding, may a creditor request copies of the debtor's tax returns AFTER the 341 meeting was held?

After getting a Chapter 7 discharge on my home, does the automatic stay end or is a motion to lift stay necessary to foreclose?

I'm in Chpt. 13. What does it mean when it says my case is "tentitive to dismiss"?

Question on notice required for disposition of repo car.