Archived
How do I handle payment shortfalls in my CH 13 case when I have a negative $3,000 in monthly disposable income on Form 22C?
Matthew's answer
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Answered on December 01, 2013
I wouldn't say it is common for B22C to show negative disposable income in a chapter 13 bankruptcy, but it happens and it is not fatal. The real...
Archived
In California can I the Debtor file the Chapter 13 Dismisial and not use my Lawyer
Matthew's answer
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Answered on December 01, 2013
You could. Why do you think you can't use your lawyer? Also, very rarely is it in a debtor's best interest to dismiss a chapter 13. At the very...
Archived
Can new mortgage "servicer" (Ocwen as of Sept 2013) file for relief on Chpt 7 bankruptcy DISCHARGED over TWO years ago?
Matthew's answer
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Answered on November 29, 2013
If your bankruptcy was discharged and closed, they don't need relief from stay. I'd be a little careful on the conclusion you draw from your...
Archived
Will chapter 7 bankruptcy eliminate my debt to the state of Minnesota?
Matthew's answer
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Answered on November 29, 2013
Yes, bankruptcy should eliminate that debt. The mere fact that a debt is owed to the government does not make it non-dischargeable. Assuming you...
Archived
Which law applys in an FCRA case for
Doctrine of Necessaries? For spouses unpaid medical bills?
Matthew's answer
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Answered on November 29, 2013
It is not a smart move to file a lawsuit without knowing which state's law applies. Hopefully you went through the preliminary steps before filing...
Archived
Heloc creditor wants to settle on my 70k debt for 20k. House was already foreclosed by primary lender.
Matthew's answer
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Answered on November 26, 2013
Unlikely they would take installments. Think of it this way. You already agreed once to pay the loan in installments, and didn't; why would they...
Being sued by a JDB. Are they really able to get documentation from the OC after I file my response?
Matthew's answer
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Answered on November 26, 2013
The reality is, most debtors that defend without an attorney do lose. Reason being, pro se defendants don't know the rules of evidence and make the...
Archived
Can I avoid a second mortgage in a chapter 7 bankruptcy if my house is worth less than what I owe on my first mortgage?
Matthew's answer
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Answered on November 26, 2013
If an attorney told you needed to file chapter 13 to strip a second mortgage, than you need to do a chapter 13. Very few districts have embraced...
Archived
If a credit card co knows you will be forced into bankruptcy , where they get nothing, if they do not accept your payment plan,
Matthew's answer
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Answered on November 26, 2013
The threat of bankruptcy is not as powerful as you assume. In fact, threatening bankruptcy carries no bargaining weight in this circumstance. Think...
If a person files bankruptcy and includes an electric bill, do they need to pay the bill to get power in their name?
Matthew's answer
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Answered on November 26, 2013
Did you list this debt to the electric company in "your" bankruptcy? In any event, strictly speaking, they can't charge you for that outstanding...
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