Archived
Can a bk trustee claim surplus funds from a county or state if the bk was filed in one state and the funds are in another state
Matthew's answer
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Answered on October 02, 2013
Yes. Bankruptcy jurisdiction is not limited by state (or for that matter, by the U.S. border). If the debtor has an asset that the non-exempt and...
Archived
Can a collection agency sue you after 2yrs. re: a lease on an apt. when you moved due to bed bug infestation.
Matthew's answer
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Answered on October 01, 2013
Yes, they can sue. The bed bug issue would be a "possible defense." However, frankly, it is not a very good defense. Unless this was a furnished...
Archived
Why does Experian report By Feb 2019, this account is scheduled to go to a positive status.
Matthew's answer
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Answered on October 01, 2013
How the other two agencies report the debt is immaterial. The test is whether the report is "true an accurate." If you reaffirmed the debt, and...
Archived
I sent a certified letter to a debt collection agency and it was returned. What do i do next?
Matthew's answer
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Answered on October 01, 2013
You can try disputing the debt with the credit reporting agencies. Other than that, all you can do is Google the agency for alternative addresses...
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Archived
In Chapter 11 proceeding, can an individual file Rule 2004 examination motion, or it can only be filed by an attorney? Thnx
Matthew's answer
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Answered on October 01, 2013
As Jonathan points out, if you are individual, then yes. However, if the real creditor is a company of some sort, then the company must be...
Archived
I want to know if my Sallie Mae loan can be dismissed.
Matthew's answer
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Answered on October 01, 2013
Mismatch of information is not grounds for dismissal of a debt. You "know" if you took out a student loan, so pretending it didn't happen is not...
Archived
What should be my next step if the Trustee files a motion to dismiss my Chapter 13 for sufficient grounds due to too much equity
Matthew's answer
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Answered on October 01, 2013
Documents probably won't do the trick. You need a "witness" to testify that you don't have as much equity as the trustee thinks.
Archived
What is the time frame to reopen up a Ch 7 BK and how hard is it?
Matthew's answer
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Answered on September 30, 2013
I agree with Rex, you probably listed the mortgage. Which means it was "included" in your bankruptcy. The term "included in bankruptcy" is the most...
Can I avoid an unrecorded judgment against me in Bankruptcy Chapter 7?, They did not record it in the County Recorder's office.
Matthew's answer
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Answered on September 30, 2013
The judgement will still be a matter of public record regardless of the BK or any avoidance action. A bankruptcy doesn't vacate a judgment. A...
Archived
How do I bring criminal action against my sister for using $90,000 of my other's home equity loan to pay off her personal debts.
Matthew's answer
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Answered on September 30, 2013
I doubt there is a criminal issue here. Or if there is, it would be very difficult to prove since the one witness you need (your mother) has...
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