I had an adversary complaint filed against me in bankruptcy. I never been served but my attorney has - do I respond now?
James's answer
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Answered on July 09, 2014
I agree with colleagues. Service on your attorney is proper service on you. You have limited time to respond. Depends on nature of AP. You must...
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Chapter 7, what is the most recent IRS taxes/tax year that can be discharged? Just list those years in Schedule F? Same 4 state?
James's answer
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Answered on July 09, 2014
I agree with colleagues. Answer depends on law and facts of each case. There are multiple criteria related to tax year involved, when taxes were...
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Is it possible to get rid of student loan debt through Chapter 7? I've read that it's possible, but difficult.
James's answer
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Answered on July 09, 2014
I agree with colleagues. Student loans are difficult to discharge. Not impossible. Burden on debtor to bring adversary action and prove undue...
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Is it possible to file for chapter 7 bankruptcy and include the attorney on my divorce? This attorney is not answering my calls,
James's answer
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Answered on July 09, 2014
I agree with colleagues. Yes. Pre-petition fees and costs owed to your FL are dischargeable in a BK. Post petition attorney fees and costs are...
Can a late payment on a mortgage loan from a discharged Ch 7 BK be reported to credit bureau if debt was never reaffirmed?
James's answer
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Answered on July 09, 2014
Agree with colleagues. My perspective is that reporting late payment after discharge is violation of permanent stay because it is an attempt to...
Archived
Bankruptcy and student loans
James's answer
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Answered on July 09, 2014
Agree with colleagues. It is difficult, not impossible to discharge student loans in C7 BK. Student loans presumed non-dischargeable. You must...
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I am a senior citizen with a $1,707.00 monthly income, with >$20,000.00 credit card debt. How do I file for Bankruptcy?
James's answer
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Answered on July 09, 2014
Agree with colleagues. Step by step guide to filing C7 BK beyond scope of this forum. Before proceeding check to be sure all of your assets are...
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In chapter 7. 341 hearing complete. no asset case. Is it okay to borrow from my 401(k) before my discharge is granted?
James's answer
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Answered on July 09, 2014
Agree with colleagues. Yes. You may borrow from 401(k) after no asset report filed and before case closed provided the 401(k) was properly exempted.
Can a creditor from a RV loan sue for deficiency that may result from auction sale after the repo from a Ch. 7 BK from 4 yrs ago
James's answer
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Answered on July 09, 2014
Agree with colleagues. BK discharge relieved you of personal liability. Can be reported to credit bureau and have negative impact on your credit....
Archived
Chapter 7 bankruptcy. What effect or what is the rule if debtor has Native American blood. Jurisdiction wise
James's answer
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Answered on July 09, 2014
I agree with colleagues. Eligibility to file C7 governed by 11 U.S.C. 109(b). Native Americans are not discriminated against or conferred any...