Archived
Can i file a motion to order the chapter 13 trustee pay my secured creditor adequate protection payments?
Matthew's answer
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Answered on July 18, 2013
You would have to modify your chapter 13 plan. In chapter 13 bankruptcy, the plan controls who gets paid, when, and how much. So no, a simple...
Archived
Is there anyway to waive interest and fees on a credit card that was sent to a debt collector?
Matthew's answer
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Answered on July 18, 2013
You can't "force" the issue if that is your question. The other responders gave great comments, you can settle the debt. Also, if it has been 6+...
Archived
Cosigner on daughters student loans
Matthew's answer
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Answered on July 18, 2013
The government will go after both of you. You are equally responsible for the debt. Sorry.
Someone needs to make the payments or otherwise deal...
Archived
Can my previous attorney sue me or garnish my wages or take me to collections?
Matthew's answer
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Answered on July 18, 2013
Depends on what the fee agreement says and your states rule of professional conduct on the issue. Also depends on why the attorney withdrew....
Archived
Bank is asking for all my information before they will negotiate a settlement before the trial.
Matthew's answer
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Answered on July 18, 2013
Reverse the rolls for a second and think about it. If someone owed you $5,000, and offered to pay you $50 per month. Wouldn't you want additional...
Archived
Is there a legal avenue for payday advances if I am offering to settle in 2 payments. Company will not accept my offer
Matthew's answer
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Answered on July 18, 2013
A settlement is a private agreement between two parties with a dispute. There is no legal basis to force someone to agree to a settlement. A...
Archived
Can i sell 04 truck worth 12000 to my mother to pay off a personal bank loan if i might file bankruptcy later this year would
Matthew's answer
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Answered on July 17, 2013
Get with a bankruptcy attorney NOW, to help you with this sort of pre-bankruptcy planning. What you described is problematic, and potentially...
Archived
An employee has a 401k loan for a while. The employee just filed for bankruptcy and his lawyer says we should stop deducting
Matthew's answer
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Answered on July 17, 2013
I have never heard of a lawyer making such a demand because it is not in the debtor's best interest to do so. It is not in the best interests of...
Archived
When will I receive the money from my home exemption in a chapter 7 case.
Matthew's answer
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Answered on July 17, 2013
Gary is correct. The funds get distributed by the trustee after a full accounting for the bankruptcy estate. That could be several months after...
Banks are unwilling to refinance my mortgage because it was not reaffirmed during chapter 7. How can I refinance?
Matthew's answer
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Answered on July 17, 2013
This question gets asked at least once or twice per week.
You are dealing with an "arbitrary" internal policy of the lender. Go work with a...
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