Archived
How do you deal with a lien when your home loan has been discharged in a Chapter 7 BK.and you want to stay in your home?
Gary's answer
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Answered on August 27, 2013
You wrote, "Is it legal to modify a discharged loan?"
A: No.
But I know of no law that prevents you from refinancing your unpaid lien.
Selected as the best answer
Archived
Do I have to declare life insurance received if I file bankruptcy?
Gary's answer
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Answered on August 27, 2013
Your "bankruptcy estate" property is usually what you own on the date of filing; however, some property (say an inheritance accruing within 180...
Archived
What does it mean if it states on your credit report that your mortgage has been discharged?
Gary's answer
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Answered on August 27, 2013
You wrote, "Those 3 payments [we fell behind] were rolled into the bankruptcy."
A: Frankly, your assessment sounds more wistful than accurate....
Archived
What is up for 'grabs' in a personal bankruptcy?
Gary's answer
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Answered on August 26, 2013
You wrote, " would a Bankruptcy Court take a family inheritance that I may be receiving? "
A: You mentioned in a comment that the inheritance was...
Archived
I've had it with my bankruptcy attorney. I need some legal advice.
Gary's answer
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Answered on August 26, 2013
In Eastern District of MO, where I practice bankruptcy, I have litigated two sanctions motions in my career: based on my experiences, I would...
Archived
I filed chapter 7 and it was settled in 4/10. My house was not included. In 4/11 I paid the mortgage off and received a
Gary's answer
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Answered on August 26, 2013
It's apparently my minority position night amongst my colleagues...
IMHO, an account can be paid as agreed (timely payments, in full, etc.) even...
Archived
Is a Judgment from a civil suit resulting of an uninsured car crash a Secured Claim or Unsecured Claim in Chapter 7 Bankruptcy?
Gary's answer
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Answered on August 26, 2013
The claim is a Schedule F. "Unsecured, Non-Prority Creditors" item.
However, a judgment lien may have attached against your property under state...
Archived
Will bankruptcy discharge fines from the city for code violations?
Gary's answer
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Answered on August 26, 2013
See 11 U.S.C. § 523.a.7, denying discharge of a debt ...
(7) to the extent such debt is for a fine, penalty, or forfeiture payable to and for the...
Archived
What are a relative in a clawback lawsuit's rights?
Gary's answer
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Answered on August 26, 2013
I suspect the most common reason a bankruptcy Trustee would drop the action is if the target is judgment proof.
Archived
Can you pay your chapter 13 debts off early
Gary's answer
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Answered on August 25, 2013
You wrote, "Can you pay your chapter 13 debts off early?"
A: Yes, but only under certain conditions, including:
1. >36.01 months into the...
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