Archived
If I filed chapter 13 and filed bankruptcy and was discharged 2/2010 can Desert Schools close my new account?
James's answer
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Answered on August 28, 2013
This is a bit different than situations I have dealt with, but I have been told many times by credit union attorneys that if the credit union loses...
Archived
What does it mean if it states on your credit report that your mortgage has been discharged?
James's answer
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Answered on August 27, 2013
As a person who filed bankruptcy, it is confusing how this issue works.
You don't owe money on the lien, however, the lien stays attached to the...
Archived
Does a co-signer of a nondischargeable school loan have to file a lawsuit during chapter 7 to preserve subrogated rights?
James's answer
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Answered on August 27, 2013
I think both of the other attorneys misunderstood what you are asking. You want to know if the payments you made on behalf of someone else -...
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Can i file a uninsured stolen vehicle in a chapter 7 bankruptcy?
James's answer
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Answered on August 27, 2013
As the other attorney said, list all the relevant activities in the schedules and it should be dischargeable.
Good luck.
Jim Webster
<a...
Archived
How do you extinguish a lien after loan was discharged in Chapter7 BK, in California
James's answer
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Answered on August 27, 2013
Arizona and California are similar but they are different.
In Arizona, if you want to challenge a trustee sale, you must file a lawsuit as...
Archived
Once assets are abandoned by the trustee can they be brought back into the Bankruptcy?
James's answer
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Answered on August 27, 2013
This is an odd request.
I think you need to make sure the property was abandoned.
If in fact there was an abandonment, the new trust...
Archived
Can you buy another car after you file bankruptcy and before it is discharged?
James's answer
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Answered on August 26, 2013
The issue is interest rates. When you buy a car prior to discharge, a good number of times this will cause an increase in interest rates.
If...
Archived
Wife is needing some expensive heart surgery of which we have no insurance. My question is if we get divorced will I be liable?
James's answer
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Answered on August 26, 2013
If you are divorcing solely for debt purposes, this is a rabbit hole you may not want to go down.
What I mean is, you don't know what will...
Archived
Is it difficult for a Creditor to prevail in an adversarial proceeding. We were in a law suit when we filed chapter 7.
James's answer
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Answered on August 26, 2013
What has to be proven? Typically it is fraud or an intentional tort.
Is the standard different? No. It is still preponderance.
What makes is...
I got a letter from MD Central Collection Unit about Federal Vendor Payment offset. What does it mean?
James's answer
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Answered on August 26, 2013
You need to figure out exactly what is happening.
When was the house foreclosed? What are the dates you are being charged for?
I don't know...
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