Archived
Certain letter (forget the name) I was told about to tell omitted creditors in a no-asset chapter 7 that there debt was discharg
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Answered on September 06, 2013
Send the creditor a copy of your discharge order. If you were a no asset case and you incurred the debt pre-petition it is discharged even if you...
Archived
Post chapter 7 discharge. Assets listed as exemptions and not claimed by the trustee, are they the property of the debtor?
Brad's answer
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Answered on September 06, 2013
Upon the closing of the case all exempt assets revert to the debtor. If your case has been closed you are the proud owner of the money, however...
Archived
Should a 65 year old widower carrying heavy debt whose wife was the breadwinner file for chapter 7 bankruptcy?
Brad's answer
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Answered on September 05, 2013
If his only source of income is social security then he is a very good candidate for a Chapter 7 bankruptcy. He should file it sooner rather than...
Archived
Why creditors might come to the trustee meeting ?
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Answered on September 04, 2013
The purpose of the 341 is to determine if you have any assets the trustee can sell to pay your creditors and to see if you told the truth when you...
Archived
I won a credit card lawsuit and the case was dismissed with prejudice. The credit card company continues to bill me and ding my
Brad's answer
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Answered on September 04, 2013
Yes, sue the credit card company for violation of the fair debt practices act and anything else you can think of.
Archived
California - can bankruptcy trump fraudulent transfer?
Brad's answer
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Answered on September 04, 2013
You can still bring the fraudulent transfer action, however you must do it as an adversary proceeding in the bankruptcy case.
Archived
Does an adversary proceeding filed in a chapter 7 bankruptcy that converts to chapter 13 carry over to the chapter 13?
Brad's answer
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Answered on September 04, 2013
The adversary proceeding has a different case number for a reason, it is its own matter. If you think the debtor committed fraud and that he does...
Archived
IM CONFIRMED IN CHAPTER 13 BK, I DID THE BK TO TAKE CARE OF MY HOA DUES, BUT THE TRUSTEE INCLUDED MY UNSECURED DEPT-CREDIT
Brad's answer
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Answered on September 03, 2013
You obviously filed without an attorney and frankly I am surprised you got to the confirmation stage at all. Bankruptcy either Chapter 7 or 13 is...
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Archived
In a Chap. 7 Bankruptcy when you finally have to go to the courthouse and tell the judge why one couldn't pay one's debts.....
Brad's answer
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Answered on August 20, 2013
You do not go in front of a Judge and explain why you could not pay your debts. Bankruptcy is voluntary the fact that you file it says you cannot...
Archived
I filed for chapter 7 BK in early 2012 and the bankruptcy was discharged later in 2012. I was sued in civil court in 2013.
Brad's answer
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Answered on August 14, 2013
File an answer to the lawsuit and in the answer assert the discharge as an affirmative defense. Make sure you file an answer in the state court...
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