Lost my home a few months ago to a foreclosure can i file bankruptcy to eliminate the debt?

The first question is whether any of the mortgage debt survived the trustee sale. If so, you may be able to a discharge of that debt in bankruptcy.

I have a timing issue for short sale - will I avoid tax issues if I do my short sale AFTER my Bankruptcy as opposed to BEFORE?

A short sale means that the lender is going to release the lien (i.e., reconvey the deed of trust) without receiving the full amount owed. ...

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The bank foreclosed on my house. Am I responsible for HOA fees that accrued up till the sale?

HOA dues receive special treatment in California. The HOA can sue for unpaid dues following foreclosure.

I'm a real estate agent who did well but ran into some very slow years. I had a corp and had about 90K in

I assume they are coming after you personally because you guaranteed the debt. Personal guarantees are dischargeable in bankruptcy. Creditors can...

Would it raise red flags if I traded a paid for car as dn. pmt. on a lease car 2 wks before Chap 7 & use exemptions on a 2nd car

The bankruptcy court has the power to set aside transfers that it believes were fraudulent. A fraudulent transfer is one made specifically to...

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I want to file chapter 13 and file a cramdown motion to cram down a first mortgage on my second property. What's a fair price?

Realize that in the Ninth Circuit, which includes California, the balance on a crammed down first mortgage has to be paid in equal monthly...

How quickly do I need to file a cramdown motion to strip a lien on a second property?

Some judges in Los Angeles allow you to strip a lien by way of a motion, while others require an adversary proceeding. Some judges will confirm a...

My home was foreclosed. Can they throw away my stuff?

They cannot dispose of your personal belongings without giving you notice pursuant to Section 1174 of the Code of Civil Procedure. The notice to...

All debts (credit cards, mortgage, etc) under my name. Spouse have assets, not me.

Married debtors are required to disclose the assets of the non-filing spouse in their bankruptcy schedules. Consult an attorney.

I'm being sued by a JDB, I filed an answer contract & have a CM conference set. Can I still file for BK?

Consult an attorney about the merits of the civil case and the pitfalls of chapter 7 bankruptcy before you do anything. You have equity in your...