Archived
Can landlord collect back rent after bankruptcy was dismissed ? His name listed but no dollar amount on forms.
Brent's answer
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Answered on February 21, 2014
If your case was dismissed, then you were not discharged and the landlord can continue to collect the debt. If you meant to say that your case was...
Archived
Chapter 7 Bankruptcy question.
Brent's answer
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Answered on February 21, 2014
You can file another Ch 7 and obtain a discharge 8 years after filing the first one. You can file for a Ch 13 after 4 years and get a Ch 13...
Archived
Keeping tax refund when owed to trustee in Chapter 7 Bankruptcy?
Brent's answer
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Answered on February 21, 2014
What will happen is that most likely the trustee will ask the Court to revoke your discharge. The trustee can also ask the Court to prohibit you...
Can a creditor charge off account AFTER bankruptcy filed (during the automatic stay)?
Brent's answer
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Answered on February 21, 2014
It is not a violation of the automatic stay to report a charge off. That is not an attempt to collect on the debt. But it is an error now that a...
Archived
What is time to recover credit score after chapter 7
Brent's answer
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Answered on February 20, 2014
It can take any where from 12-24 months to restore your prior credit rating. Of course, this is a general estimate and may not be true in your...
Archived
We filed Chapter 7 Bankruptcy and did not reaffirm our mortgage. The bank foreclosed. How do we show this on 1040?
Brent's answer
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Answered on February 20, 2014
You are not liable for income from debts discharged in a bankruptcy. Form 982 is a way of informing the IRS that the debt was forgiven in a...
Archived
Is there a waiting time between filing a chapter 7 bankruptcy and then filing a chapter 13 bankruptcy?
Brent's answer
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Answered on February 20, 2014
After a Ch 7 discharge, you must wait to file a Ch 13 for at least 4 years if you want a discharge. If you do not need a discharge, you can file...
Can Wells Fargo come and reposes furniture if I do not sign reaffirmation agreement?
Brent's answer
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Answered on February 20, 2014
If you do not reaffirm, Wells Fargo has the right to repossess the furniture. Whether they actually will is another question. If you really want to...
Archived
Can Landlord demand rent due AFTER residential lease Debtor-Tenant has received discharge in Chapter 7 case?
Brent's answer
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Answered on February 20, 2014
The debtor is liable for any rents incurred after the petition is filed. Now that the case has been discharged, you can demand payment for all...
I am filing Chapter 7 next week. Is my Mutual Fund/Retirement protected or should I sell first and pay IRS?
Brent's answer
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Answered on February 20, 2014
A qualified IRS is exempt. Speak with an experienced attorney to see if your IRS is qualified.
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