My mortgage loan was not reaffirmed in a chapter 7. The mortgage co states discharged in bk. Can they foreclose if I don't pay?
Brad's answer
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Answered on April 14, 2016
A mortgage (or deed of trust in CA) is a secured debt. That means that you personally owe the debt and your property owes the debt. Your Chapter...
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What can I do to protect my son as a co signer on my loan if I file bankruptcy. How can I not have this affect him?
Brad's answer
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Answered on March 29, 2016
The only way to protect a co-signer on a debt in bankruptcy is to file a Chapter 13. While you are in the repayment plan the creditor cannot go...
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Can I file these amended forms with the Clerk's Office or do they need to be notarized first? Anything I need to do in addition?
Brad's answer
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Answered on December 28, 2015
You do not need to have the amended paperwork notarized. Take the amended paperwork to the filing window at the bankruptcy courthouse in riverside...
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Can I buy a car as I prepare to file for bankruptcy?
Brad's answer
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Answered on December 28, 2015
Wait until your Chapter 7 bankruptcy is filed before you purchase anything large. To borrow a large amount of money and then file bankruptcy is...
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I filed for a chapter 7 and the judge granted the relief from stay motion. I want to keep my house. Will ch 13 help?
Brad's answer
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Answered on December 04, 2015
Here is what I recommend. Complete your Chapter 7 case. Make sure you obtain a discharge (NOT a dismissal) Make sure you attend your 341 hearing...
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How may days does a debtor have to respond to a Objection to Plan Confirmation under chapter 13?
Brad's answer
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Answered on December 04, 2015
A creditor has a deadline of 7 days before the 341 hearing to file an objection to the plan filed by the Debtor. The Debtor has a deadline of 14...
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When to stop making mortgage payments in Chapter 7 cases with assets?
Brad's answer
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Answered on November 16, 2015
Personally I advise my clients facing a situation like that to continue making the monthly mortgage payments on time every month until escrow...
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Unlawful Detainer: I filled for Bankruptcy but I guess the judge didn't get notice and issued a default judgement anyway.
Brad's answer
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Answered on October 30, 2015
You need to file a CM-180 in the unlawful detainer state court matter and notify that court that you are in bankruptcy.
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I have a 341 hearing scheduled at 8 AM, in Los Angeles. What time, approximately, can I expect my case to be called?
Brad's answer
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Answered on September 28, 2015
If you and your lawyer are there at 8:00 AM you can ask the trustee for "priority" which means that he will take your case first. If the trustee...
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Can I lose my home? Or retirement money?
Brad's answer
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Answered on September 23, 2015
Depending on how much equity you have in the home (the value of the home minus the liens) you may be able to exempt it. If it cannot be fully...
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