Can You in Ch 13 do a cramdown of secured property loans: lower principal or interest rate as part of debt payment plan?
Peter's answer
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Answered on January 16, 2019
Yes, pursuant to Bankruptcy Code Section 1322(c)(2) allows restructuring a home loan that comes due during the term of a chapter 13 plan. Further,...
During my Chapter 7 BK case, can I use the wildcard exemption to protect my vehicle if I do not own a Home?
Peter's answer
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Answered on November 28, 2018
You should consult with an experienced bankruptcy attorney for a review of all of your assets and exemption planning. However, the California...
Archived
Is a lender liable if their actions force me to file bankruptcy if those actions violate the rules and regs that govern them ?
Peter's answer
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Answered on November 12, 2018
Chapter 13 is a voluntary procedure. Where you are dealing with a breach of contract, state law governs the transaction and you have the right to...
Once a vehicle is repossessed, but has not been sold, will the lender return the vehicle if chapter 13 is filed?
Peter's answer
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Answered on November 08, 2018
Prior to the auction, your Chapter 13 bankruptcy estate has an interest in the vehicle - it is property of the bankruptcy estate and turnover is...
What do I do when the bank I am under review for modification files a relief of stay ?
Peter's answer
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Answered on October 11, 2018
Most of the larger lenders have different departments for loan modification (lost mitigation) and bankruptcy.
Your lender's bankruptcy department...
California Bankruptcy - Childcare Expense - Reasonable/Allowable Amount?
Peter's answer
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Answered on October 10, 2018
Daycare expense for a minor child is generally not challenged provided that it is actual and reasonable. If you are paying more per month for...
Archived
Is it advisable to file bankruptcy or should i do debt relief?
Peter's answer
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Answered on October 09, 2018
Bankruptcy is probably your best bet, but if you're still incurring medical bills with no end in sight then you don't want to rush your bankruptcy...
Archived
Chapter 7 bankruptcy in California. How best to protect a potential lump sum disability insurance award from private insurance?
Peter's answer
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Answered on October 04, 2018
There are two sets of exemptions to choose from when you are eligible to use California's exemptions. One is typically used to protect substantial...
Archived
My ch7 reaffirmation was denied and it said, "Debtor voluntarily dismissed the motion." Do I still get ride-through protection?
Peter's answer
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Answered on October 02, 2018
I'm not aware of any bankruptcy case law involving debtor's voluntary dismissal of a motion to approve reaffirmation of the vehicle loan, but I...
Archived
Have a lot of debt past due all unsecured own my vehicle out right can they take that with a judgement?
Peter's answer
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Answered on September 25, 2018
Whether or not a judgment creditor has the ability to seize and sell certain of your assets depends upon several factors including the type and...
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