Archived
Can a bankruptcy attorney get my car back out of Repo? I was told filing bankruptcy could help me get my car back, but I got tur
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Answered on November 18, 2013
While it is possible to recover a vehicle that has been repossessed legally pre-petition, this is a very fact specific type of a matter. It will...
Archived
Can I go ahead and refile bankruptcy? And will I still be protected by the automatic stay?
Dwayne's answer
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Answered on November 18, 2013
Your chapter 13 was dismissed, not discharged. This means that you can either file a motion to reinstate after curing the documentary deficiency...
Archived
What is the time period that a collection agency can attempt to collect debt(garn)owed after the original F/Judg date 12/2005?
Dwayne's answer
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Answered on November 18, 2013
This is not a Statute of Limitations issue as you have asked. By your fact pattern the creditor obtained a judgment in December 2012. The question...
Archived
Can a creditor get paid if I file bankruptcy and they have a lien on my home? What would I file 7 or 11?
Dwayne's answer
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Answered on November 18, 2013
Garnishment will probably disappear. It depends on what the underlying debt is for. If you have no disposable income, a Chapter 7 might be your...
My Bankruptcy Trustee wants 25% of my earnings from my paycheck following the date of my petition.
Dwayne's answer
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Answered on November 18, 2013
Your earnings post petition are not property of your bankruptcy estate if you filed a Chapter 7 bankruptcy. Seventy-five percent of all wages...
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Archived
Is is information correct? Is there a way to reduce the amount taxed on the 1099C form?
Dwayne's answer
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Answered on November 16, 2013
If you can show the IRS that you were insolvent at the time that the debt was settled and cancelled, then you will not be held liable for the...
Archived
What is the next step in ch 13 process after non-confirmation of plan?
Dwayne's answer
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Answered on November 16, 2013
If your plan was denied confirmation and you are not represented by an attorney, you should either hire an attorney, or contact the trustee in your...
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Archived
How long should wait after bk to lease a car
Dwayne's answer
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Answered on November 16, 2013
Maybe a little different answer than you expected. You should wait forever before leasing a car. It is usually a bad financial move. I would...
Archived
Would a bankruptcy prevent me from obtaining employment as a police officer, or work for the federal or state govt (DA or USAO)?
Dwayne's answer
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Answered on November 16, 2013
No. A governmental agency cannot discriminate against you based solely on the fact that you filed for relief and received a discharge of your debts...
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Archived
Do only the creditors that report to the national data get paid and can a 17 year old debt be reported and collected on?
Dwayne's answer
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Answered on November 16, 2013
Creditors that file a timely proof of claim in a specific bankruptcy case will be paid pro rata. If you disagree with a 17 year old debt, you can...
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