Archived
I want to reopen my Ch 7 BK case to do motion to avoid 2 judgement liens - the attorney forgot to do this.
Michael's answer
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Answered on January 29, 2014
In theory, you should be able do so, but definitely consult with an attorney. It is a three step process. Step one is to file a motion to reopen...
Archived
Is there a template form (whats the form number) to file an objection to a ch. 13 payback plan.
Michael's answer
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Answered on January 29, 2014
For cases pending in the Central District of California (including the Riverside area), there is no form objection to a Chapter 13 plan. The...
Archived
Can I petition to sell a surrendered property in Chapter 13 bankruptcy?
Michael's answer
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Answered on January 29, 2014
If the lender previously received relief from stay to foreclose, then the sale may take place, and any proceeds left after paying off liens which...
Archived
In Chapter 13 Bankruptcy, does the IRS get paid before the mortgage or second mortgage?
Michael's answer
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Answered on January 29, 2014
It depends on how the claims are treated in the Chapter13 plan and the type of IRS and secured claims. Generally, income tax debt incurred in the...
Archived
When filing a chapter 7 bankruptcy, I found some loans had been sold. Must list in the filing BOTH lenders?
Michael's answer
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Answered on January 28, 2014
Just in case there was an improper assignment of the loan, you should list both lenders. In general, it is usually better to give too much notice...
Archived
Does the form of payment in the settlement agreement matter?
Michael's answer
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Answered on January 27, 2014
It depends on the wording of the settlement agreement. If possible, you should try to negotiate the settlement terms to pay them other than by...
Archived
Greentree sold our house to themselves yesterday in the middle of a loan modification. Can I reverse that sale?
Michael's answer
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Answered on January 22, 2014
I agree with Mr. Daymude about the 30 day "hold" on foreclosure following denial of a loan modification application, applicable in California. You...
Regarding Statement of Intention-Chapter 7-Do I need to amend it if I am no longer reaffirming a car loan?
Michael's answer
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Answered on November 12, 2013
Generally, the statement of intention does not affect the reaffirmation agreement. If you do not have an attorney and a reaffirmation agreement...
Archived
Chapter 7. Confused about discharging tax debt. Would 2010 taxes qualify?
Michael's answer
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Answered on March 20, 2013
I would amend my colleagues' prior answers slightly. The "three year rule" for discharging taxes is in Bankruptcy Code Section 507(a)(8)(A)(i),...
Archived
Creditor won judgment. Ready to file Chapter 7. Bank accounts has some money.
Michael's answer
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Answered on February 05, 2013
You really need a consultation with a qualified lawyer to decide what is best. In general, you can use the money in your bank account to pay your...
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