Are all actions taken before entry of the Bankruptcy Court's order on relief from automatic stay, void?
Brian's answer
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Answered on June 24, 2020
Technically, the relief does not beome effective (and the filing of the state court motion is not proper) until after the order is entered; but the...
Archived
Are there any good collections companies in Phoenix, AZ?
Brian's answer
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Answered on April 27, 2015
This is not an insignificant amount. In my experience, this situation either results because your client (I) disputes the bill or (ii) has an...
Archived
Pros/Cons of Bankruptcy and rights/options?
Brian's answer
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Answered on April 27, 2015
Whether to file for bankruptcy relief and what type of case to file requires an evaluation of your entire situation -- all assets, all debts, and...
Archived
What can the banks do to recover unsecured credit card debt if I own a home and one small property?
Brian's answer
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Answered on April 27, 2015
The unsecured creditor can obtain a judgment against you and execute against any non-exempt property you own. You really should get some...
Archived
Filing Chapter 7 after tax season and before next years in reference to refunds. EIC inclusive
Brian's answer
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Answered on April 27, 2015
If you file your Chapter 7 bankruptcy case in 2015, your bankruptcy trustee can assert a claim for the pro-rata portion of any tax refund for 2015...
Archived
I am preparing to file for bankruptcy - chapter 7 in Arizona.
Will I be able to keep my employment income.
Brian's answer
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Answered on April 27, 2015
If your paycheck is deposited into your bank account and remains there on the bankruptcy filing date, any amount in excess of $300 per individual...
Archived
My car is financed and registered in my aunts name and she filed Chapter 11 bankruptcy. Can they take my car?
Brian's answer
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Answered on April 27, 2015
Judging by the way you phrased the question, it sounds like you have some ownership interest in the car. If so, you may want to talk to her...
Archived
Is a mortgage denial because of chapter 7 a violation of 11 usc sec 525?
Brian's answer
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Answered on March 12, 2015
Bankruptcy Code Section 525 primarily prohibits employment discrimination against bankruptcy filers, but also contains protections for those...
Archived
Remove judgment from Bankruptcy?
Brian's answer
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Answered on March 10, 2015
I'm not sure that I fully understand the situation you describe. I find it interesting that you were able to buy the house and obtain the original...
Archived
Does preferential avoidance applicable in case of bankruptcy chapter13?
Brian's answer
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Answered on March 10, 2015
The laws regarding recovery of preferential transfers technically apply in Chapter 13 cases, but neither Chapter 13 trustees nor Chapter 13 debtors...
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