Archived
Have lots of back taxes owed, credit card debt and 2nd mortgage on home. Is it better file a Chapter 7 bankrupcy or 13 or both?
Justin's answer
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Answered on February 08, 2013
The law regarding chapter 20 is unsettled in California. I just tried to strip a lien in a chapter 20 case (i.e., a chapter 13 filed within 4...
Archived
MORTGAGE FORECLOSURE
Justin's answer
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Answered on February 07, 2013
The second lender can foreclose and acquire the property for itself at auction. When this happens, the first loan survives the trustee sale and...
Archived
I have a condo that is a rental property, it is 100K less then when purchased, renters do not pay entire mortgage, i want out.
Justin's answer
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Answered on February 07, 2013
First, try to negloatiate a loan modification which entails principal and interest rate reductions. Failing that, pursue a short sale, which will...
Archived
We gave tenant 30 days notice.
He moved out 7 days earlier and did not want to pay for the remainder of 30 days.
Justin's answer
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Answered on February 07, 2013
The tenancy ended at the expiraton of 30 days. The tenant abandoned the leasehold 7 days early. Depending on the terms of the tenancy, the...
Archived
Does a CH 7 bankruptcy erase attorney bills outstanding?
Justin's answer
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Answered on February 06, 2013
There are a number of exemptions that allow bankryptcy debtors to keep at least their primary vehicle. You need to speak with an attorney about...
Archived
How do I write, for publication, a notice of foreclosure sale re: an LLC?
Justin's answer
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Answered on February 06, 2013
Hire a private trustee to administer the foreclosure. They are not that expensive.
Archived
I own a single family home rented to a tenant. The tenant bought my mortgage from my lender and now refuses to pay rent.
Justin's answer
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Answered on February 06, 2013
If you still own the property, and it is tenant occupied, you have have the right to access and keys to the house. Give the tenants notice that...
Archived
I have a pending appeal on file moving along to reverse a Unlawful Detainer judgement against me.how can i stop them from sellin
Justin's answer
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Answered on February 05, 2013
Halting a lockout in a ud case on appeal is very difficult. Ud courts do not like to entertain title issues, including wrongful foreclosure,...
Archived
Does a Malicious Prosecution fall under the "Possible Future Creditor" category if listed by the same party?
Justin's answer
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Answered on February 05, 2013
The civil suit should be disclosed in the statement of financial affairs. Your claims against the defendant should, to the extent they can be...
Archived
IRA and Chapter 7
Justin's answer
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Answered on February 04, 2013
In the 9th Circuit, which includes California, a transfer of assets to a retirement account in anticipation of bankruptcy may be a fraudulent...
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