Archived
Chapter 7 discharge granted. Judgment creditor has lien on home (not avoidable) Will Interest CONTINUE to accrue despite dischar
Gary's answer
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Answered on September 22, 2011
Accepting for the moment your statement that the lien was not avoidable under 11 USC §522 (f)–which is a bit of a stretch on the facts provided—...
Archived
How do I know how much of my tax return I owe due to chapter 7 filing?
Gary's answer
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Answered on September 21, 2011
No, you got that wrong.
Your tax refund for 2010 was entirely earned when you filed on Valentine's Day this year. If you had already...
Can my wages be garnished without my permission and with no court involvement?
Gary's answer
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Answered on September 21, 2011
As my colleagues have noted: "No, no & no."
As to your job security... ?
Archived
Alaska dividend being garnshed
Gary's answer
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Answered on September 21, 2011
The amount of the 2011 Alaska dividend is $1,174 (Internet research).
I don't think Avvo has any Alaska attorneys who could answer this...
Archived
Do i have to worry about my truck being taken from me if my parents filed bankruptcy chapter 7 and they cosigned for my truck?
Gary's answer
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Answered on September 21, 2011
Your contractual obligation on the note (loan) is not discharged by you parent's Ch. 7 bankruptcy. The lender probably wants your money, not the...
Archived
My landlord filed for chapter 13 and surrended the property but i still have 2 years left on my lease, in NY. Do I have to move?
Gary's answer
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Answered on September 21, 2011
The bank wants a buyer.
You want to purchase the property.
There is an opportunity here to make a deal.
Is it normal for an attorney to charge an extra fee for a reaffirmation agreement on a car?
Gary's answer
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Answered on September 21, 2011
This practice–among creditor attorneys– is not uncommon in Missouri, Eastern District, Bankruptcy where I practice. The prices typically is...
Archived
I am going get a divorce and file bankruptcy. I am the primary wage earner in the household. Which should I do first.
Gary's answer
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Answered on September 21, 2011
You do not provide enough information to determine the answer.
Generally speaking if the spouses have accumulated debt jointly, it is often in...
Archived
Does filing chapter 13 bankruptcy automatically stop a pending appellate court appeal for foreclosure decision by lower court
Gary's answer
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Answered on September 21, 2011
As Attorney Schwartz mentioned, advising the appellate court of the pending bankruptcy—which may have implications for how that court proceeds—is...
Can a debtor object to a "transfer of claim other than for security"?
Gary's answer
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Answered on September 20, 2011
Would'nt you prefer a jmt/order stripping the lien?
Transfers of claims are routine: be more concerned about felling the tree then worrying...
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