Questions answered by Brad Francis Weil

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Is it possible to negotiate A student loan down to 1 lump sum payment of less then what you own? By what percentage is normal?

Brad's answer | Answered on February 25, 2013

I always recommend a Chapter 13 bankruptcy to repay the student loan over 5 years if you are able. If you are not able look into the consolidation...

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Im in ca . chapter 13 and my lender filed for a motion for relief from automatic stay and wanted to know what happens next ?

Brad's answer | Answered on February 25, 2013

The lender must proceed with the foreclosure sale before they can kick you out. You can still do a loan modification or a deed in lieu of...

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Requiring attendance at trial.

Brad's answer | Answered on February 25, 2013

File a Notice of Stay form CM-180 immediately with a copy of the notice of bankruptcy case filing attached. Make sure to file one copy and get two...

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Chapter 7 means test. treatment on non-taxable disability income on means test. Disabled/early retired police officer

Brad's answer | Answered on February 25, 2013

Pensions are fully exempt. As far as the means test goes you still have to list it and it may put you above median depending on how much you are...

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Credit card and mortgage

Brad's answer | Answered on February 25, 2013

Not paying your bills is not a crime. We do not have debtors prison in this country so you will not go to jail. Your wages may be garnished, your...

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Can u file bankruptcy on line . or u can settle Ur credit card and mortgage .

Brad's answer | Answered on February 25, 2013

If you have a ECF account you can file a bankruptcy case online. Most pro se's do not have access and have to do everything manually at the filing...

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Do I need to change Lawyers or appeal this small claims case, happened after my 7 BK, was not aware of debt owed.

Brad's answer | Answered on February 25, 2013

If the lawsuit was for a pre-petition debt you should have filed a notice of stay CM-180 with the notice of bankurptcy case filing attached. That...

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Bankrutcy and HOA Fees

Brad's answer | Answered on February 13, 2013

Yes pre-petition HOA fees are discargeable provided they did not perfect a lien against the property before the filing of the bankruptcy. The post...

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Bankruptcy Question re: Restitution. criminal restitution is not able to be discharged in BK. But I owe it bc of my son. matter?

Brad's answer | Answered on February 11, 2013

Criminal restitution is not discargeable in a Chapter 7. You may be able to repay it through a plan of reorganization in a Chapter 13 and discarge...

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Does the 10 years a bankruptcy stays on your credit report start the day you file or the day your case is discharged?

Brad's answer | Answered on February 11, 2013

The time starts from the day you file

Brad Francis Weil's Answers (361)

Is it possible to negotiate A student loan down to 1 lump sum payment of less then what you own? By what percentage is normal?

Im in ca . chapter 13 and my lender filed for a motion for relief from automatic stay and wanted to know what happens next ?

Requiring attendance at trial.

Chapter 7 means test. treatment on non-taxable disability income on means test. Disabled/early retired police officer

Credit card and mortgage

Can u file bankruptcy on line . or u can settle Ur credit card and mortgage .

Do I need to change Lawyers or appeal this small claims case, happened after my 7 BK, was not aware of debt owed.

Bankrutcy and HOA Fees

Bankruptcy Question re: Restitution. criminal restitution is not able to be discharged in BK. But I owe it bc of my son. matter?

Does the 10 years a bankruptcy stays on your credit report start the day you file or the day your case is discharged?