Questions answered by Cecelia J Pollara

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How can a co signer be covered if i file bankruptcy

Cecelia's answer | Answered on October 02, 2014

If you file bankruptcy, your co-debtor becomes solely responsible for paying the loan. The creditor has to get relief from the automatic stay to...

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Bankruptcy form 22A: Where should I list a one-time payment on this form, line 3 or line 10?

Cecelia's answer | Answered on October 01, 2014

I have to repeat my colleagues' advice to consult an attorney on this issue. You don't say when "in the last 6 months" you received the 401(k)...

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Can I Cramdown my Mortgage after 7 year without not paying it?

Cecelia's answer | Answered on September 16, 2014

If you are moving to Orlando, why do you want to keep the home you have in Miami? If you convert it to a rental property you may indeed be able to...

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Bankruptcy

Cecelia's answer | Answered on September 16, 2014

If you're asking if bankruptcy will stay an arrest, it won't. You can still be arrested if there is an outstanding warrant at the time you file...

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Assisting someone who needs to be filing Bankruptcy and yes, an attorney will be handling it.

Cecelia's answer | Answered on September 16, 2014

List ABSOLUTELY EVERYONE - creditors, collectors, junk-bill collectors, listings on the credit report you don't think are really your creditors;...

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1099-C Short Sold Property in Az, in 2011. Now being audited for 2011

Cecelia's answer | Answered on September 15, 2014

This was investment property that lost money every year? Did you depreciate it [how much]? It might be the recapture tax that is the problem but...

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Home loan modification, and signing a subordinate note.

Cecelia's answer | Answered on September 12, 2014

Without seeing the modification agreement and the "subordinate note" I can't say if the new note reaffirms. If it reaffirms your modification...

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Do you have to give a reason for dismissing a Chap 13 BK, and would the Trustee or Court object if you refile a new Petition?

Cecelia's answer | Answered on September 12, 2014

You could just quit paying and wait for the trustee to dismiss for non-payment. Then you could refile right away. If your medical bills are...

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How do I go about filing for bankruptcy if my income is much lower than my current debt which does not include credit cards ?

Cecelia's answer | Answered on September 12, 2014

You MUST list student loans & HOA arrears - as well as each & every other debt you have - and to that those things are "included." Student loans,...

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Will there be a review of balances due or wrong charges made (eg. servicer's legal fees) before dismissal of a bk13 ?

Cecelia's answer | Answered on September 11, 2014

The trustee does not review validity of creditors' allocations of funds paid, merely whether your payments under the confirmed plan are being made....

Cecelia J Pollara's Answers (203)

How can a co signer be covered if i file bankruptcy

Bankruptcy form 22A: Where should I list a one-time payment on this form, line 3 or line 10?

Can I Cramdown my Mortgage after 7 year without not paying it?

Bankruptcy

Assisting someone who needs to be filing Bankruptcy and yes, an attorney will be handling it.

1099-C Short Sold Property in Az, in 2011. Now being audited for 2011

Home loan modification, and signing a subordinate note.

Do you have to give a reason for dismissing a Chap 13 BK, and would the Trustee or Court object if you refile a new Petition?

How do I go about filing for bankruptcy if my income is much lower than my current debt which does not include credit cards ?

Will there be a review of balances due or wrong charges made (eg. servicer's legal fees) before dismissal of a bk13 ?