Archived
Should ex-wife be entitled to money on a loan we jointly opened for our condo, even though she filed for bankruptcy in 2010?
Brent's answer
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Answered on February 12, 2014
Her bankruptcy only eliminated the ex-wife's liability on the loan. It did nothing to her rights to the property, assuming that she also disclosed...
Archived
In bankruptcy. ch. 7. Can trustee get property in NY that I transferred to daughter in 2011?
Brent's answer
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Answered on February 12, 2014
The trustee can always try to get this property back. If you were not in financial trouble at the time (and it appears you were not), then you have...
Archived
I am in a BK 7 and just had my 341 meeting. I however just bought a car (financed, with 2k down last week). What do I do...
Brent's answer
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Answered on February 12, 2014
It appears from your statement that you bought the car after you filed. I cannot tell if you bought it before or after the 341 meeting. Assuming...
Are we obligated to payback a tuition discharge from a college if it was part of a chapter 7 bankruptcy?
Brent's answer
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Answered on February 12, 2014
You need to speak with an attorney in your area. In some districts tuition is dischargeable. In other districts it is not. In all districts it is...
Archived
Do I qualify to file for bankruptcy?
Brent's answer
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Answered on February 12, 2014
I have not found that your status has anything to do with eligibility to file a bankruptcy. If you are here and otherwise met the filing...
Archived
In foreclosure should I file chapter 13 or 7
Brent's answer
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Answered on February 12, 2014
Usually you would consider a Ch 13 if you are trying to hang on to real estate. But this is only a general rule. Please speak with an experienced...
Archived
What are some necessary items I can spend a tax refund on and not have to give it to the courts?
Brent's answer
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Answered on February 12, 2014
Did you file a Ch 7 or a Ch 13? If it was a Ch 7 and the trustee did not ask for your refund at the 341 Meeting, then you can keep it. If the...
Archived
How can a bank overdraft become a non-dischargeable debt by bankruptcy terming it as willful, fraudulent or malicious act?
Brent's answer
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Answered on February 12, 2014
I have never seen a case in which this was even argued, let alone allowed by the Court. I have filed numerous cases in which my clients listed an...
Archived
This question is in regards to Bankruptcy.
Brent's answer
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Answered on February 11, 2014
Speak with your attorney. Failure to disclose an asset, even if it is ultimately exempt, can cause serious problems in your case. All assets must...
Archived
Lost mortgage note, emerged from Ch. 13 bankruptcy, don't want house
Brent's answer
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Answered on February 11, 2014
If by "emerged" you mean that she has been granted a discharge, then it is too late to convert the Ch 13 to a Ch 7. She can file a Ch 7 in 6 years...
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