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Florida, I am 15 months into chapter 13 bankruptcy. Do I have to report receipt of life insurance proceeds?
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Answered on December 20, 2013
Federal Rule of Bankruptcy Procedure 1007(h) states that within ten days of learning of the existence of an after-acquired asset that would be...
Archived
I declared ch 13 bankruptcy and in the interim the house short saled. how does this affect my ch 13 since the house was included
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Answered on December 20, 2013
If the Bankruptcy Court approved the short sale, that order would most likely allow the creditor to file a claim or amend an existing claim to...
Archived
Under Chapter 7, what other option besides reaffirming the loan do I have to keep my house? I do not have the money to redeem
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Answered on December 20, 2013
Other counsel are correct that often you do not need to reaffirm on your house; just keep making the payments. But this is not true in every state....
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I want to answer to a summon i got from a credit card i do owe the account...
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Answered on December 19, 2013
You can file an Answer to the Summons, but should you? Most of my clients who have tried to go it alone have just gotten themselves into worse...
Can a debt collector ask if you have a 401k, or suggest you take monies from it to pay for debt
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Answered on December 19, 2013
The debt collector can ask you about any assets you have. What is important is how you answer and what you do. You should not provide information...
Archived
In what court should a complaint of conversion against a chapter 7 trustee be filed?
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Answered on December 19, 2013
Any action against the Trustee should be filed in the Bankruptcy Court. You should get the assistance of a good bankruptcy attorney. Do not try...
Archived
My girlfriend just got served for non payment of her credit card, she is unemployed, what can they do to her, Arizona.
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Answered on December 19, 2013
There is not much the creditor can do. Her car should be exempt up to $5000 (Ariz. Rev. Stat. Ann. § 33–1125(8)). The SSI payment is exempt. So...
Archived
My father asked me to make several charges for him on my credit card with the promise to pay back and I agreed.
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Answered on December 19, 2013
It is always best to "get it in writing," if you can. Short of that, a contract is a contract, whether written or not. See a good local attorney to...
Archived
How can I lift automatic stay if my tenants just filed chapter 13 BK 3 days ago , I had a court date today that was continued
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Answered on December 19, 2013
The automatic stay in section 362 applies to actions to obtain possession of leased property (section 362(a)(3)). There is also an exception for...
Archived
I have a judgment against me with a constables office and they are threating to take my car which is still not paid off.
Brent's answer
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Answered on December 19, 2013
In Utah your car is exempt from seizure up to $3000 in equity. If there is more equity than that, they can sell your car, give you $3000 and give...
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