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...
Archived
Does submitting a fee waiver affect the automatic stay at time of filing? Will it be in affect after the fee waiver is approved?
James's answer
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Answered on July 09, 2014
Agree with colleagues. Automatic stay goes into effect at time BK petition filed. Not affected by requesting fee waiver. If fee waiver denied,...
Archived
Bank of america filed mortgage insurance claim with HUD while I was 1 year into a chapter 13 /during automatic stay.
James's answer
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Answered on July 09, 2014
Agree with colleagues. Appears that BA sold the note. They can do this during pendency of C13. No need to obtain permission from court.
Archived
I HAVE CHAPTER 13. AUTOMATIC STAY GRANTED, CAN BOFA FILE MORTGAGE INSURANCE CLAIM, CHANGE TERMS OF MORTGAGE?
James's answer
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Answered on July 09, 2014
I agree with colleagues. Automatic stay prevents actions by creditor to enforce the debt. Review the loan documents and contract with BA. Yes. ...
Archived
Can I take a Chapter 13 Trustee to court? Can I sue them as well as a recipient of funds not due in my case i.e. a bank?
James's answer
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Answered on July 09, 2014
I agree with colleagues. This does not sound right. Proper action is to contact trustee and get this worked out. Sounds as if proofs of claim...
Archived
I filed a Chapter 13 and the Bankruptcy Plan was confirmed back in the year 2010 . I have been making all plan payments .
James's answer
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Answered on July 09, 2014
Agree with colleagues. At least 7 days but not more than 30. See Local Bankruptcy Rule 3015-1(w)(3)(A). What happened to you is fairly common. ...
Archived
Can I stop performance on a contract once I receive notice the other side has filed for Chapter 13 Bankruptcy?
James's answer
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Answered on July 09, 2014
Yes. You can terminate performance if not paid. Post-petition work is new debt. Definitely, do obtain new contract for post-petition work. Do...
Archived
Bankruptcy Chapter 13: How to get a "release of lien" after it was avoided in Chapter 13 Bankruptcy
James's answer
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Answered on July 09, 2014
I agree with colleagues. Obtain a certified copies of order avoiding lien and BK discharge order from BK court. File in county property located...
Archived
Can my aunt who lives in Japan use the "CALIFORNIA UNIFORM STATUTORY FORM POWER OF ATTORNEY"?
James's answer
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Answered on July 09, 2014
Agree with colleagues. Aunt should use an appropriate form in jurisdiction in which she lives. See an attorney in Japan.
Archived
Would they let me keep my sister?
James's answer
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Answered on July 09, 2014
i agree with colleagues. You may succeed if you file petition to be appointed guardian. I suggest you begin by contacting Children's Protective...