Archived
My husband received money from a trust in the middle of filing bankruptcy..Can the court take the trust money?
Marc's answer
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Answered on April 19, 2010
This is a very complicated issue in bankruptcy. An attorney would absolutely need to review the trust to see if it is property of estate or part...
Archived
I would like to reaffirm a car loan in bankruptcy, car is my sons, his name is on the loan with mine but not on title.
Marc's answer
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Answered on April 19, 2010
On your sons vehicle you can reaffirm. There is a form in the bankruptcy schedules called statement of intent which gives you the option of...
Archived
Filing for bankruptcy
Marc's answer
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Answered on April 19, 2010
Venue is proper where you live right now I.E. Chicago. The venue statute in bankruptcy requires that you live in the district or have property in...
Archived
My 2nd Mortgage says that I no longer have to pay interest while in Chapter 13 Bankruptcy, is this right?
Marc's answer
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Answered on April 19, 2010
The note and mortgage will still control in the bankruptcy. I.E. your note and mortgage have an interest rate and the payment you make on post...
Archived
Can court imposed fines be filed under bankruptcy
Marc's answer
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Answered on April 19, 2010
In most states they can be included in bankruptcy; however, in a Chapter 7 they are non-dischargeable debts. With a Chapter 13 you can pay the...
Archived
What does it mean if a car company requests that a stay be lifted on my vehicle during bankruptcy
Marc's answer
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Answered on April 19, 2010
When you file a bankruptcy an automatic stay goes into effect. It stops any creditors from collecting on any pre-filing debt or taking any money...
Archived
I am getting sued for defaulting on a payday loan. I lost my job and have no income and have had none for the past 3 months.
Marc's answer
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Answered on April 16, 2010
If you are not working then the creditor cannot get a garnishment started. However, they can go after any other assets you have such as a money in...
Archived
What does this mean and what is my next step? Do I need to hire a lawyer?
Marc's answer
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Answered on April 16, 2010
If the motion was filed in the Circuit Court the creditor is just dismissing the case so they comply with the automatic stay in bankruptcy. If it...
Archived
Private student loans and co-signers
Marc's answer
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Answered on April 16, 2010
When there are two people liable on a loan you and the co-signer are joint and severely liable for the debt. Meaning that the creditor can go...
Archived
What do I tell the magistrate when I appear to defend myself from wage garnishment?
Marc's answer
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Answered on April 16, 2010
You should tell the judge exactly what you just said. That you are willing to make payments on her judgment why you fell behind etc. You will...
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