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We filed bankruptcy and was dischg in 2010. we had a 1st &2nd mortg. our mortgage com is offering loan mod. is the 2nd dischgd
Benjamin's answer
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Answered on June 14, 2011
It would be helpful if you could tell us which Chapter you filed. Did you file 7 or 13? I would be more than happy to post some additional comments...
Is a lender required to notify the cosigner that the account is in default?
Benjamin's answer
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Answered on June 13, 2011
I don't believe the lender has any general obligation to contact a co-signor if the the borrower misses a payment. Usually, a concern co-signor...
Archived
Hubby- million$ real estate biz debt. I have small online S-corp business with $20K clothing inventory. Will Ch7 BR take my inv?
Benjamin's answer
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Answered on June 13, 2011
This is a general comment, but the assets of the bankruptcy are not the articles of clothing per se. The clothing belongs to a corporation that is...
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What are my options as landlord when wife files Chapter 13 bankruptcy but husband does not?
Benjamin's answer
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Answered on June 13, 2011
If a debtor wants to continue occupying the rental property, the Chapter 13 Plan should provide for the assumption (or rejection) of the lease. (11...
Archived
Can you switch attorneys in the middle of a bankruptcy
Benjamin's answer
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Answered on June 13, 2011
Might I suggest simply driving over to the office during normal business hours and asking the secretary or receptionist to put you on the calendar...
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I filed chapter 11 and the IRS assessed penalties and interest over and above what is reflected in the plan. Is this proper?
Benjamin's answer
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Answered on June 13, 2011
I am not a CA bankruptcy attorney, so I cannot speak to the 9th Circuit precedent, if any, that might address your situation. Therefore, the...
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I was summoned to court for an outstanding debt, was I railroaded?
Benjamin's answer
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Answered on June 13, 2011
It is not the Court's function to explain the law or advise defendants in civil matters. Unlike criminal matters, there is no right to counsel. Its...
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Can a judgment be entered against me if I was never served with a summons?
Benjamin's answer
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Answered on June 12, 2011
You should go see a local attorney right away. In general, a party makes a special appearance before a state court for the sole purpose of...
Archived
How Long Will It Take For My Chapter 13 Take To Kick In?
Benjamin's answer
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Answered on June 12, 2011
I think my colleagues answer about covers the effect of the automatic stay on your question. Just a couple points to add:
In some...
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Reaffirmation Debt
Benjamin's answer
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Answered on June 12, 2011
I never second guess the decision of another bankruptcy lawyer, because only he or she has all the facts of your case. I can offer some general...