Archived
What are ways that creditors violate the automatic stay in bankruptcy cases? What can be done to them if they do?
Brent's answer
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Answered on January 10, 2014
You contact your bankruptcy attorney. If you do not have one, you need to find a local bankruptcy attorney. I have had a few of these cases in the...
Archived
Can my bankruptcy trustee take my tax refund. I received earned income last year.
Brent's answer
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Answered on January 10, 2014
The general answer is Yes. There are exceptions, however, so you need to check with your attorney. If you cannot contact your attorney, find...
Archived
If i filed for a bankruptcy and was sucessfully discharged and then had a judgment put against me after the fact am i protected?
Brent's answer
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Answered on January 10, 2014
Was this judgment for a debt incurred before the bankruptcy filing? If so, then you should not be liable for the debt. In this case, you must...
Archived
If i filed for bankruptcy, was discharged but now have a judgment against me after i was discharged debt was prior to it am i ok
Brent's answer
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Answered on January 10, 2014
In most states you are protected from a creditor that was not listed IF you are a no asset case. Check with your attorney to make sure you are a no...
Can a Utah Corporation, expired 2007, now bring suit (through demented president or surviving heirs) to collect a debt? Cite?
Brent's answer
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Answered on January 10, 2014
Depending on the facts, you may have defenses you can assert if you are sued. That may resolve the matter. But, if you have personal liability in...
Archived
Own house worth $290,000; owe $220,000; must file bankruptcy; should I sell then file or file then sell?
Brent's answer
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Answered on January 10, 2014
You are allowed a homestead exemption of $30,000 per person on the title of your home. If you file bankruptcy before selling, the trustee will sell...
Archived
A debt collections agency is trying to find me to sue me from my old credit card debt not sure what to do.
Brent's answer
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Answered on January 10, 2014
You do not say how large your credit card debt is. If the debt is small, you can consider trying to work out a monthly payment that will satisfy...
Archived
I was served for a debt that i paid off 3 months ago. Do i have a case to counter sue?
Brent's answer
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Answered on January 10, 2014
Generally the court will not give you a judgment in a counter suit if the other side has merely made a mistake. You should check with an attorney....
Archived
Can a debt that was assumed in my divorce decree be dismissed in my Chapter 7?
Brent's answer
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Answered on January 09, 2014
As between you and the creditor, the debt can be discharged by the Ch 7. As between you and the ex, that depends on the terms of your divorce...
Archived
What are some reasons a chapter 13 wouldn't be reinstated???
Brent's answer
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Answered on January 09, 2014
Why was your 13 dismissed in the first place? Was it dismissed without prejudice? It is not so much a question of why would it not be reinstated,...
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