Archived
We had chapter 7 bankruptcy 2 yrs ago. Mortgage was discharged and not reaffirmed. Can I walk away free and clean?
Marc's answer
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Answered on October 08, 2012
yes you can walk away without personal liability on the mortgage as it was discharged by the bankruptcy filing. Maintain insurance on the property...
Archived
How can I make the court released funds from my settlement?
Marc's answer
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Answered on October 08, 2012
I am not sure what is going on here. If a case is settled you generally would call the other party and sign a release then you would get paid the...
Archived
Ganesh Bank Account Letter
Marc's answer
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Answered on October 08, 2012
It sounds like you are commanded or ordered to appear in front of the court. I am not licensed in your state so hopefully a Texas lawyer will...
Archived
What does bankruptcy do to me if I'm a sole proprietor?
Marc's answer
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Answered on October 08, 2012
It depends on what kind of business you operate. A trustee may take assets that are unprotected in a Chapter 7 to pay creditors. You need to...
Archived
Chapter 7 or 13?: 2 Rental properties, 1 primary residence, current on all the mortgages
Marc's answer
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Answered on October 08, 2012
You need to speak with an attorney in your area. Different trustees do different things. These questions should be answered by an attorney who...
Archived
MERS membership is a contract. Can MERS assign without court or trustee approval if bank files BK Ch 11 and rejected contracts?
Marc's answer
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Answered on October 08, 2012
A mortgage company can assign a mortgage and note with notice to the parties. The parties would be the Debtor and the trustee as long as the...
Archived
I am thinking about filing Chapter 13 vs. debt consolidation. My husband just filed Chapter 13 for himself.
Marc's answer
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Answered on October 08, 2012
Speak with a bankruptcy attorney like myself. You may have two options a Chapter 7 or Chapter 13. Even if it is a Chapter 13 you don't pay back...
Archived
Is it possible to sue an undocumented person if you're a U.S Citizen?
Marc's answer
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Answered on October 07, 2012
You can sue the question is if you can ever collect on a judgment and it sounds like it will be very difficult if not impossible. The lesson is...
Archived
Is it a crime to not pay a collateral loan and keep the collateral in alabama
Marc's answer
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Answered on October 07, 2012
Certain states would allow for a criminal action to be filed by the states attorney for theft if you hold on to property that lawfully is not...
Can a large 401k contribution before filling for Chapter 7 be reversed by the trustee, or considered preferential by the court?
Marc's answer
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Answered on October 07, 2012
Yes paying one creditor over another is a preferential payment and can be undone by a trustee. Consult an attorney and hire one. If you are...
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