Archived
If a judgment was made against 2 parties for repayment and 1 of them files bankruptcy after, can P go back after other party?
Michael's answer
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Answered on March 07, 2016
To add a little more information, in Chapter 13, the co-debtor is protected and a special co-debtor stay applies to the debt. Basically, if the...
Archived
Can someone who sued for a personal matter go after a business account and/or assets in spouses name?
Michael's answer
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Answered on March 04, 2016
A judgment can be used to go after any unprotected asset. That does not mean the business bank account directly since that is in the business's...
Archived
How can the state of California bypass Federal Bankruptcy laws through harassment and legal action on a discharged debt.
Michael's answer
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Answered on March 04, 2016
They must believe the debt was not discharged. Hopefully someone there can explain their legal position. If you believe they are in error, you can...
Judgment not paid in full (partial payment) -- how to collect payment in full?
Michael's answer
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Answered on March 04, 2016
Like many creditors, the task of collecting proves frustrating. If there's no corporation any longer, you may not be able to collect any further....
Archived
Will the capital gain from selling my house be seized by trustee since I am still in bankruptcy or can I use it down payment.
Michael's answer
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Answered on March 04, 2016
You'll need the court's approval to buy the new property and take out a mortgage. If the trustee's permission to sell took into account the sale...
Archived
Will I be responsible for my spouses medical bills after his death?
Michael's answer
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Answered on March 04, 2016
When the sad time comes, one practical thing to try is to send a copy of the spouse's death certificate to anyone trying to collect. They may...
Archived
Since the overpayment was for the balance owed prior to the bankruptcy, shouldn't the $-150 be discharged too? What do I do?
Michael's answer
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Answered on March 04, 2016
What you're entitled to is for all pre-filing debt to be included in your case and for creditors of yours to stop trying to collect. The bank...
Archived
As a person in bankruptcy ( 13) Is there anything that prohibits me from moving forward in forming the non profit corporation?
Michael's answer
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Answered on March 04, 2016
You're free to create it. If you want to transfer any property you own into it, or take out any loans, you would likely need the court's approval....
Archived
Can i claim secured property as exempt and what happens if i decide to serender that that property
Michael's answer
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Answered on March 04, 2016
For bankruptcy, you have exemptions that are either federal or state law created. First you need to see if MS opted out of the federal exemptions....
Archived
I need help
Michael's answer
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Answered on March 02, 2016
Student loans are typically not discharged in bankruptcy without a special proceeding to demonstrate extreme hardship, both now and for the...
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