Archived
Is it a violation of the discharge injunction for a creditor to pull credit reports for "account review" on discharged debts?
Brent's answer
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Answered on February 17, 2014
I do not think that pulling a credit report, without more, is an attempt to collect a debt. You have been discharged and do not have to pay the...
Archived
Will an inheritance received by our children become part of my wife's and my Chapter 13 bankruptcy estate?
Brent's answer
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Answered on February 17, 2014
You must report any inheritance you receive. There is nothing in the law that requires you to report your kids inheritance.
Archived
Lawyer did not oppose motion to lift automatic stay. Can we ask anyway?
Brent's answer
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Answered on February 17, 2014
If you were behind even a single payment, for whatever reason, the chances are high that the judge would have granted the motion to lift the stay...
Archived
Chapter 7 BK done and I just received a bill from the Home Owners Association collecting the dues from 6/1/2013 - 2/1/2014.
Brent's answer
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Answered on February 17, 2014
Your liability for the post-filing HOA fees ends only when the title passes to another party. That is when your responsibility ends. If the Bank...
Archived
I'm filing for bankruptcy and am curious as to if my home is safe. I have a Declaration of homestead on file as well.
Brent's answer
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Answered on February 17, 2014
If the equity in the house is less than the allowed exemption in your district, you should be able to keep your house. Speak with a local attorney...
Archived
Does a bankruptcy erase a debt even if a lawyer signed a lien?
Brent's answer
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Answered on February 17, 2014
A lien is not discharged by a bankruptcy. You have to either pay the lien or surrender the collateral. Speak with your attorney about this.
Surrendering vehicle to finance company two years after bankruptcy is discharged
Brent's answer
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Answered on February 17, 2014
Because there was no reaffirmation, the debt was discharged and not reinstated, so you can surrender any time without any penalty. Of course, if...
Archived
Rec'd chapter 7 discharge last year. Now considering filing chapter 13 b/c of problems w/ mortgage, etc. How does prior 7 affect
Brent's answer
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Answered on February 17, 2014
The biggest impact on filing a Ch 13 within 4 years of filing a Ch 7 for which you received a discharge is that you will not be entitled to a...
Archived
Bankruptcy - Would a credit card co. file an adversary proceeding if I inflated my salary to get a credit line increase then
Brent's answer
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Answered on February 17, 2014
My experience is that my clients who have done this have never had an adversary action filed against them in a bankruptcy. This is statistically a...
Archived
If im filing ch13 bankrupcy and home is in my name if i get a divorce will i keep my home i purchased it before i got married
Brent's answer
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Answered on February 17, 2014
In most cases, if you owned the home before the marriage, you should be able to keep it in a divorce. But there are many, many factors that can...
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