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When filing chapter 7, how may I determine whether or not I am required to assume a lease in order to keep the car?
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Answered on April 02, 2013
I cannot speak to Toyota leases, however, Toyota has taken a car from one of my clients because they did not sign a reaffirmation agreement. With...
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Archived
What documents does a mortgage lender need from the home owner to reaffirm a mortgage in a chapter 7 BK in AZ.?
James's answer
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Answered on April 01, 2013
In order to get a reaffirmation agreement, 1 of 2 things must happen: after signing the agreement must be signed by your attorney and approved by...
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Archived
Can we buy our way out of a Chapter 13 in Arizona? We're 45 months into our 5 year plan.
James's answer
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Answered on March 29, 2013
The other attorneys are correct. The settlement is part of the estate. This means you actually don't even have the power to settle the claim.
You...
Can a CH7 Trustee claim Bona Fide Purchaser when the property was fraudulently transferred into the estate by Quit Claim Deed?
James's answer
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Answered on March 29, 2013
This is a bit of strange position. You may be one of the first people I have meet hoping for a fraudulent transfer ruling.
With that being...
Archived
If I file a Chapter 7 bankruptcy and my income goes up after the filing, do I then change to Chapter 13?
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Answered on March 28, 2013
You have the right instincts. If my income is going up, does this force me into a chapter 13?
Is it possible this could lead to a Chapter 13...
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Real property included/discharged in Chapter 7 BK 05/09. Bank still hasn't foreclosed - can a foreclosure hurt my credit now?
James's answer
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Answered on March 25, 2013
Can it hurt your credit? Yes. This is a big problem.
It is also not a debt collection. They will report how they take the property back. That...
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I took $3000.00 from a 7 year annuity that matured. Am I in trouble. I live in Florida.
James's answer
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Answered on March 25, 2013
Without seeing your schedules and assuming your attorney is correct this is an exempt asset, this should not be a problem.
If Creditors could...
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I surrendered my home 4 years ago in Chapter 7 bankruptcy, Did not reaffirm. The house has been empty for four yrs. I have
James's answer
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Answered on March 18, 2013
There will be no deficiency because the bankruptcy discharged the debt prior to the taxable event.
You just need to figure out how to proceed...
Archived
Chapter 7. Where would I list the court for a pending debt collection suit filed by a secured creditor?
James's answer
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Answered on March 18, 2013
You can give notice to the court itself, but I am not sure the court will probably handle the notice. They might not know what to do with the...
Archived
I'm being summoned for auto loan debt. When trying to settle, is it okay to say that I might have to resort to bankruptcy?
James's answer
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Answered on March 18, 2013
I agree with the other attorneys.
The main issue is to be honest. If you are being honest it is not considered blackmail or something devious. ...
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