I am behind on my mortgage and facing foreclosure. Can I file chapter seven and have past payments included, but keep my house?
Andrea's answer
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Answered on January 10, 2015
If you are behind on your house and you wish to keep it, I would suggest you speak to an Attorney regarding a Chapter 13 Bankruptcy. In a Ch. 13,...
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In Chapter 7, can I file a reaffirmation agreement that is not signed by the Creditor?
Andrea's answer
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Answered on January 10, 2015
No. They sent it to you unsigned so you would send it back to them for them to file for you.
You should review the reaffirmation with an attorney...
Archived
After a judgement is Awarded to a plaintiff, what can they take ? And how is it enforced to be paid from the defendant ?
Andrea's answer
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Answered on September 04, 2014
Mr. Love is correct. You are either liable or not liable in civil cases. You can only be found guilty or not guilty in criminal cases. Please...
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I have direct deposit for my v.a. disab. and my s.s. ..Are they subject to garnishment for credit card debt?
Andrea's answer
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Answered on September 04, 2014
Credit card companies can file a lawsuit. If they obtain a judgment against you, they can garnish your bank accounts. Social security can be...
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I bought a 2011 toyota rav 4 in May of 2012 for about 24k out the door.
Andrea's answer
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Answered on September 03, 2014
It is unlikely that Toyota will work with you or even discuss the account with you if it was discharged in BK and you did NOT reaffirm the debt....
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I prevailed in an adversary proceeding earlier this year regarding my student loans, which were discharged. What happens now?
Andrea's answer
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Answered on September 03, 2014
The student loan creditors should have been notified when you filed the Adversary Proceeding against them. Once the time for appeal has passed,...
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I filed Ch7 and included my mortage, 1st and 2nd. It should be finished this week.
Andrea's answer
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Answered on September 03, 2014
If you filed for bankruptcy protection, then your mortgages are probably discharged. Typically, the first mortgage will foreclose. However, the...
Archived
My husband and I have a car loan, I filed Ch7 bk and they did not accept the reaffirmation agreement.
Andrea's answer
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Answered on September 03, 2014
You can ask for a modification, but they don't have to give you one. In fact, in order to modify the loan or even speak to you about it, they may...
Archived
What is the general process a creditor has to go through to seize a commingled bank that owned by non-debter spouse?
Andrea's answer
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Answered on September 03, 2014
The creditor must first file a lawsuit and obtain a judgment against you. Once he has that, then he is able to ask the Court for a writ of...
Archived
Can I file bankruptcy chapter 7?
Andrea's answer
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Answered on September 03, 2014
You may discharge a second mortgage in BK only if it is unsecured. If the value of the home is $200,000 and the first mortgage is $135,000, then...
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