Archived
We are being sued for defaulting on a 2nd mortgage on a foreclosed property. Should we file bankruptcy to protect our new home?
Gary's answer
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Answered on August 31, 2013
Bankruptcy might be a solution, but--if you still owe on a note from a previous land deal gone sour--refinancing your equity-rich current home to...
Archived
I would like to know can my wages be garnished if I am making my court ordered payment on time by creditors?
Gary's answer
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Answered on August 31, 2013
If you are eventually sued and garnished, you might have an action in divorce court for reimbursement from your ex.
Archived
Can I consider this bill paid in full?
Gary's answer
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Answered on August 31, 2013
You wrote, "Can I consider this bill paid in full?"
A: From your recital of facts, it appears there is an interest/late fee component in the...
Archived
So what purpose does it serve to have the U.S. Bankruptcy court to discharge a debt if it can't be enforced on the debtor.
Gary's answer
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Answered on August 31, 2013
You wrote, "If my mortgage debt was discharged in a Chapter 13 bankruptcy, why do I have still have to pay the mortgage ?"
A: You don't have to...
Archived
Since I must re-open my discharged (Jan. 2013) bankruptcy case to file a Motion to Avoid Lien, should I also obtain and file a
Gary's answer
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Answered on August 31, 2013
You have no right to re-open your case, but can petition to do so.
Your results will depend on the practice of the judge. It is unlikely that you...
Archived
If my husband added my name to checking and savings and I want to file bankruptcy from my last marriage will he be affected
Gary's answer
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Answered on August 30, 2013
Open separate accounts, de-fund (minimize) funds in the joint account to decrease risk of Trustee seizure.
Consult a local bankruptcy attorney to...
Archived
If I signed an agreement with an attorney to file bankruptcy and gave him a check but have not filed can I get my money back?
Gary's answer
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Answered on August 30, 2013
You are entitled to a refund of courts costs, if paid.
You are entitled to a refund of unearned legal fees, and an accounting of the fees earned.
Archived
Ex wife is contemplating filing bankruptcy, she claims she can go back and change our signed property settlement, can she?
Gary's answer
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Answered on August 30, 2013
Although domestic support orders are not dischargeable in a Chapter 7 or 13 bankruptcy, a property obligation may be subject to discharge in a...
Archived
I got a divorce & agreed to pay off my x's CC .She later filed Bankruptcy & cc was in the bankruptcy. Do I still have to pay
Gary's answer
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Answered on August 29, 2013
Frankly, if her CC debts were discharged in her bankruptcy, I do not see that she has suffered any damages recoverable at law.
Discover card filed a judgement against my property. I filed bankruptcy and included Discover. How can I get the judgment remo
Gary's answer
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Answered on August 29, 2013
Your ability to remove a lien under 11 U.S.C. § 522.f was timely while your bankruptcy was pending and if the lien impaired any exemptions to which...
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