Archived
I filed for Chapter 7 back in 2012, need to know if am able to add undue hardships to a private student loan?
Matthew's answer
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Answered on September 24, 2013
So long as the loans in question were incurred prior to when you filed bankruptcy, you can file the adversary proceeding to request an undue...
Archived
I have been paying Chapter 13 for two years and have 3 years remaining. Basically, I am in it to keep my house.
Matthew's answer
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Answered on September 24, 2013
We really can't help decide whether you "should" do something or not. You need to let your goals dictate your course of action. Most people start...
Archived
I completed a repayment program successfully with a mortgage company only to receive a letter stating I owe 1200. more. Legal?
Matthew's answer
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Answered on September 24, 2013
It is certainly possible that there was an escrow deficiency. Since this was a 12 month payment program, at some point, you would have received...
Archived
Can I foreclosure on a defaulted promissory note or a sale agreement in Illinois?
Matthew's answer
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Answered on September 24, 2013
You can only foreclose if you have a properly perfected, and filed security interest (lien) on the property in question. A defaulted promissory...
How to clear a civil warrant for a debt with no income
Matthew's answer
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Answered on September 24, 2013
You will not be responsible for her debt.
However, not having income is not a legal basis for removing a judgment; so she won't be able to...
Can a bankruptcy court "reverse" a business sale that was completed before the bankruptcy filing?
Matthew's answer
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Answered on September 23, 2013
You asked "is there any possibility?". YES.
If the sale was to an insider (e.g. business partner or family member) or the sale was for less...
Archived
Can a Lis pendens be filed against me by the prior bank if the loan was transferred to a different bank?
Matthew's answer
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Answered on September 23, 2013
If you moved out and your intention is to let the house go, who cares.
Archived
Before the debt collector can attach any liens or wage / tax return garnishments, do they have to have my name on the judgment?
Matthew's answer
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Answered on September 23, 2013
Doesn't matter. Collecting the debt will work the same. The collector may encounter some obstacles if the target of the garnishment (employer,...
Archived
Chapter 7 and traffic tickets
Matthew's answer
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Answered on September 23, 2013
Maybe, but if the credit card company figures it out and objects, you would lose. Using credit to convert a non-dischargeable debt to a...
Archived
Explain 12(b)(7) motions to me.
Matthew's answer
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Answered on September 23, 2013
If you read both rules 12(b)(7) and Rule 19, the answer is there. In short, certain defense to a claim are raised in the "answer." But certain...
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