Archived
My bankruptcy was discharged and I want to sell my vehicle. Am I allowed to do that or is there a waiting period?
Brian's answer
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Answered on July 10, 2018
As stated, once your case is discharged there is no "waiting period" and you generally may do as you wish. You did not state if there was a lien...
Archived
Do I have to go to foreclosure mediation if I am not fighting foreclosure and mortgage was discharged in bankruptcy chapter 7?
Brian's answer
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Answered on July 04, 2018
The short answer is you are not required to attend, or even attend court hearings. The real question is what do you want to accomplish and...
Archived
Can we go back into 13 after chapter 7 conversion fails?
Brian's answer
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Answered on May 14, 2018
That is actually not as simple as it sounds. 11 USC 706 provides for a right to convert UNLESS it has already been converted under section 1307. ...
Can i file a motion to avoid a property lien after discharge and before my chapter 7 case is closed?
Brian's answer
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Answered on May 12, 2018
In general, a lien survives bankruptcy unless you do something. Therefore, you MUST proactively file and it has to be done while the case is still...
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I'm going to recieved a settlement my chapter13 is been dismissed but I start a new chapter13 in frame window trustee can take.
Brian's answer
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Answered on May 01, 2018
I would also add that depending on your local judge there may be another wrinkle. In the Northern District of Illinois we have several cases...
Archived
How is exemption figured if value of car is less than the loan amount owed will person still be allowed to file for reaffirm
Brian's answer
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Answered on April 30, 2018
If the value of the car is less than the loan, then there is no equity to protect. I would still suggest claiming the exemption. However, you may...
Archived
I was a partner in a LLC that is being sued for fraud. I am about to file bankruptcy, will this stop the personal liability?
Brian's answer
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Answered on April 18, 2018
You have asked a very complex question and you certainly will need to hire an attorney. First, yes you can list the debt, and in fact you are...
What happens if I file Chapter 13 and sometime afterwards lose my job and cannot afford the payments ?
Brian's answer
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Answered on September 01, 2017
Part of the answer depends on why you are in a chapter 13 to begin with. Are you choosing chapter 13 because you are required to because of income...
Archived
In 45th month of a 60 month ch 13 plan and just got served default motion dismiss
Brian's answer
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Answered on January 08, 2017
You have some potential options. First you can try to work out an agreement either the trustee, subject to court approval, to make up the missed...
Archived
Doesn't a chapter 13 release me from paying a state tax?
Brian's answer
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Answered on January 07, 2016
Please let us know what type of tax is owed. Was it for income tax and if so, what year? Was it for withholding taxes or sales taxes? Also, we...
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