Archived
How is a Variable 7 year Annuity treated in a Ca. Chap. 7 BK filing ? Buy with loan from
Ins. policy. Is this permissible ?
Brent's answer
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Answered on January 13, 2014
You need to take a copy of the policy and see a local attorney who can look over its terms. You can find an attorney on this board.This not a...
Archived
Mortgage collection after chapter 13 discharge without reaffirmation
Brent's answer
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Answered on January 13, 2014
You do not reaffirm debts in a Ch 13. If you received a discharge in that 13, meaning you made up any existing arrearage at that time, then you...
Archived
Executory Contract not assumed in Chapter 11 Bankrupcty
Brent's answer
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Answered on January 13, 2014
If you want to be paid, you need to be hired by the bankruptcy estate. That contract must be approved by the Court. Contact the attorney who filed...
Archived
Utah Corporation dissolved in 2007 (never reactivated), can it now file suit, through attorney, to collect on defaulted notes?
Brent's answer
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Answered on January 13, 2014
When a company dissolves, it no longer exists as an entity. Therefore, it cannot file suits, collect debts, etc. You need to speak to a corporate...
Archived
Is there a standard of practice or law that states that once bk13 is filed mortgage payments should applied to the latest month
Brent's answer
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Answered on January 13, 2014
When you file a Ch 13, any arrearages go into the plan. Then you start making payments for the month following the month you file. As long as you...
Chapter 7 bankruptcy. If we bank w/ BofA and have credit cards with them, can they freeze or attack our account b4 we file?
Brent's answer
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Answered on January 10, 2014
If you owe money to BofA, they can take funds out of your account to off set those amounts. This usually does include credit card debt, amounts not...
Archived
If i took money out of my IRA within the past 6 months and im filing bankruptcy, do i need to use that as income
Brent's answer
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Answered on January 10, 2014
The withdrawal from the IRA would not be income for the means test, but it should be disclosed on your papers. You should also prepare an...
Question about getting a store lease while under Ch. 13 Bankruptcy plan...
Brent's answer
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Answered on January 10, 2014
Ask your attorney. Most jurisdictions have a threshold amount below which you do not need court approval. Above that amount, you will need the...
Archived
Should I file for bankruptcy, or wait to see what the outcome of the inevitable court hearing is?
Brent's answer
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Answered on January 10, 2014
If the biggest problem you have is the fear of getting a judgment against you, then file now and be done with it. See a good bankruptcy attorney in...
Archived
What motion should I file to to extend my bankruptcy by 30 more days, I need that time to pay of undischargeable debts..chptr 7
Brent's answer
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Answered on January 10, 2014
I am not aware of any such available motion. Once the discharge is granted, the non-dischargeable debts remain and can be paid then. There is no...
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