Archived
Spouse filing Chapter 7; can I file for divorce before the bankruptcy or must I wait until it is resolved?
Clifford's answer
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Answered on March 07, 2012
Can you file for divorce first? Yes. Should you file for divorce first? Depends.
Sometimes it makes sense to complete the bankruptcy first. ...
Archived
I sold my house on a short sale, my 1st mortgage waived the deficiency and cancelled the debt. My 2nd mortgage they did not???
Clifford's answer
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Answered on January 19, 2012
If you have not filed a bankruptcy and the lender did not waive its right to pursue a lawsuit against you, then it is quite possible that you could...
Archived
Adding a unsecure creditor in the 9th inning!
Clifford's answer
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Answered on November 22, 2011
You should file the debtor education certificate right away. If you don't the case could be dismissed without a discharge and it would cost $260...
Archived
Question regarding chapter 13 and shortsale?
Clifford's answer
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Answered on November 22, 2011
When you say the "Bk was approved," do you mean the plan was confirmed? Or that you received a discharge? If you are still in a pending Chapter...
Archived
Can i convert chapter 13 into chapter 7 and keep my house and my car.
Clifford's answer
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Answered on November 12, 2011
You should be within a few months of completing the plan, since Chapter 13 plans can not exceed 5 years (meaning you should be done in or around...
Archived
I LIVE IN CA.MY HUSBAND DIED 04/2010.AM I RESPONSIBLE FOR HIS CREDIT CARDS IF I AM NOT LISTED AS A USER?
Clifford's answer
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Answered on November 12, 2011
If your husband owned assets that will be going through a probate, then the creditor will need to make a claim through the probate.
If there...
Archived
Am I entitled to verification in writing from debt collector, after agreeing by phone for a "9mo. Loan Rehabilitation Plan" ?
Clifford's answer
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Answered on November 12, 2011
Verification of a settlement agreement (as opposed to verification of a debt) is not required under my reading of the Fair Debt Collections...
Archived
Can I remove an officer in my corp if I have 90% interest.
Clifford's answer
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Answered on November 12, 2011
Yes. But you can not take their shares away. They will continue to own the shares, even if you terminate them as an officer. You might be able...
Is it proper service to mail the amended complaint without a summons on the attorney in an adversary proceeding?
Clifford's answer
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Answered on November 04, 2011
If the corporation is the proper defendant, then service should be made on an officer of the corporation in their capacity as an office of the...
Archived
Is there a consensus on whether student loan money is income or debt with regards to creditors & lawsuits seeking payment?
Clifford's answer
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Answered on November 01, 2011
The student loans are not income.
I suggest redacting your social security number from your tax return before sending it. Any information that...