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Can I keep my income tax refund during a chapter 13 in illinois if I am paying 100% of my debts and can I keep a back wage check
Karen's answer
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Answered on March 15, 2013
The wages you receive after the chapter 13 case is filed are part of the chapter 13 estate. You need to let your lawyer know about this check to...
Archived
Filing Chapter 7 in Tennessee, am I able to avoid a lien as described in 11 USC 522(f) ?
Karen's answer
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Answered on March 15, 2013
Certain types of liens can be avoided. It does not happen automatically and the proper motions have the presented to the court. 522(f) applies...
Archived
Chapter 11 Bankruptcy entered when there's a pending lawsuit
Karen's answer
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Answered on March 15, 2013
Technically yes. The automatic stay stops actions against the Debtor, not actions by the Debtor. The decision to proceed rests with the attorney....
Archived
Wells fargo is saying that i cant refinace our home intill we reaffirm our old morgage that was included in a chapter 7 in 2010.
Karen's answer
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Answered on March 15, 2013
You cannot reopen the case to reaffirm the mortgage. Wells Fargo is not required to refinance the first mortgage. You need a new mortgage to pay...
Archived
Filing Bankruptsy ---Final stage of a divorce,when divorce is fianl there will still be be considerable debt in my name that eve
Karen's answer
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Answered on March 15, 2013
You are likely eligible for a bankruptcy case. To determine how the equity in the house affects the decision to file bankruptcy will require that...
Archived
I hiring a lawyer to do a short sale of $3500 up front in 7/2011 in 2012 $750 more now I am in Foreclosure. No short sale
Karen's answer
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Answered on March 15, 2013
So sorry you elected to pay up front for a short sale. A short sale can only occur if the lender accepts. A deed in lieu also requires that the...
Archived
My husband and I are separated (not legally) living in different states for the past 8 months
Karen's answer
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Answered on March 15, 2013
Your husband's lawyer will determine how to handle the means test. It is possible to keep the household's separate. You need to consider what...
Archived
I file chapter 7 in july of 2010 at the time i was in communication with my bank about my morgage .
Karen's answer
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Answered on March 15, 2013
Your wife cant refinance the mortgage because she is not on the mortgage. Only an existing borrower can refinance. If you did not reaffirm the...
Archived
I won't to convert my chapter 13 to a chapter 7 because I am struggling to pay other bills with the payroll deductions,
Karen's answer
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Answered on March 15, 2013
It would be best if the lawyer you have files the notice of conversion. There is a filing fee of $25.00 for the conversion. You can hire a new...
Archived
Are payday loans part of the repayment plan of a chapter 13?
Karen's answer
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Answered on March 14, 2013
Yes he must list the debts and provide for them in the plan. If the debts are not listed and provided for, the debts will not be discharged. ...