Archived
In bankruptcy 341 meeting Can pro per creditor ask debtor's lawyer to produce supporting docs 6mnth pay stubs & cancel chks?
David's answer
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Answered on April 29, 2015
Your ability to examine the debtor at the 341(a) meeting is going to be limited by the trustee because the trustee will have an entire calendar of...
Archived
Currently in Chapter 13 with Mortgage, note was sold to New Company in Nov, just received notice of hearing for possible forclos
David's answer
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Answered on April 16, 2015
If the lender is asking the court for relief from stay after confirmation of your plan it most likely means that it isn't being paid. If you fell...
Archived
I filed a Bk Chapter 7 and I need to be able to claim my homeowners exemption. Not in home on filing date what can I do?
David's answer
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Answered on April 07, 2015
if you didn't live in the home on the date the petition was filed you cannot claim a homestead exemption in the property. If there is equity the...
Archived
How long after I file my bankruptcy petition are the notices sent to creditors? And do the notices stay actions by creditors?
David's answer
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Answered on March 26, 2015
With a few exceptions, once you file bankruptcy an automatic stay goes into effect that prohibits your creditors from collecting against you or...
I want to get release from judgment lien on real estate.
David's answer
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Answered on March 20, 2015
If you didn't get an order avoiding the judgment lien, you'll have to reopen the case and do so. You're probably going to need an attorney to...
Archived
Filed for BK chapter 7, surrendered the vehicle after seeing the Trustee
David's answer
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Answered on March 05, 2015
No, you don't have any liability on the debt. Technically, the lender has a "secured" claim up to the value of the vehicle, and an "unsecured" for...
Archived
Can a partially paid promissory note be transferred to third party? The debtor is in bankruptcy.
David's answer
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Answered on February 19, 2015
I agree with attorney Lysle. The note is likely transferrable, but who is going to buy a note that is subject to discharge in bankruptcy? ...
Is ihss income considered as disposable income when filling chapter 13?
David's answer
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Answered on November 18, 2014
I agree with the other lawyers who have answered this question. IHSS is considered "income" in chapter 13 and will be considered in determining...
Archived
Help can i go bankrupt on this judgement?
David's answer
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Answered on November 06, 2014
Your lawyer will need to see the judgment to advise you on whether it's dischargeable. It sounds like there may have been fraud involved. Was...
Archived
Bankruptcy. can a person who passed away's estate file a chapter 7 bankruptcy?
David's answer
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Answered on October 31, 2014
No, the individual must be alive at the time of filing.
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