In my Reply/Objection to Notice of Opposition to Claim of Exemption, do I need to include a Declaration?
Brett's answer
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Answered on April 03, 2013
If you are in a bankruptcy case and the Trustee is objecting to a claim of exemption, you really should contact an attorney. If there's an asset...
Archived
I reside in Calif...
Q: Can a creditor or collection agency place a lien on my personal vehicle?
Can they freeze my checking
Brett's answer
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Answered on April 02, 2013
For credit card debts collection begins with phone calls and letters, and later on progresses to lawsuits. If the creditors sue you and obtain a...
Archived
I have a bankruptcy question. I have bought a house 8 months ago. It has 40k in equity. Can it qualify as a primary residence?
Brett's answer
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Answered on April 01, 2013
Based on the facts you gave you would be able to claim a homestead exemption. There are some restrictions on the highest reaches of the homestead,...
Archived
What happens to money I borrowed from my 401k in a bankruptcy?
Brett's answer
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Answered on March 28, 2013
If your case is a Chapter 7 case with assets being distributed to your creditors, nothing will be distributed to your 401k. Your loan is,...
Archived
A Abstract Judgment filed against me for a case I lost back in mid 2009 for 50k. I have repaid some of the money but I have
Brett's answer
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Answered on March 27, 2013
I assume you mean that an abstract was recorded against real estate that you own. It sounds as well like you entered into some type of payment...
Is it too late to file for Bankruptcy once you have received a summons for a credit card non payment?
Brett's answer
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Answered on March 27, 2013
It is definitely not too late to file bankruptcy. As soon as you file bankruptcy, the creditor will be required to cease all collection efforts...
Archived
Can an HOA file a law suit to collect both pre and post petition debt when they were not
affirmed.
Brett's answer
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Answered on March 25, 2013
I think what you are asking is whether you remain personally liable for HOA dues after filing for bankruptcy. It's not clear whether you are still...
Archived
What do I do when a debt collector has retained a legal group to collect a debt?
Brett's answer
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Answered on March 21, 2013
The age of the debt does not necessarily mean they cannot try to collect from you. In CA, the statute of limitations for a written contract breach...
Archived
Looking for a good chapter 13 lawyer, I dont have a lot of money, interested in payment plan if possible.
Brett's answer
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Answered on March 19, 2013
A chapter 13 may be a good answer, but a Chapter 7 may be a good choice as well. Chapter 13s can be filed for very little money up front (the bulk...
Archived
I want to be on title with my spouse & Dad. But I am not on the loan - will this be allowed by bank and what about MY creditors?
Brett's answer
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Answered on March 19, 2013
Ownership transfers can occur without the lender knowing (I.e., adding you to title) but you should be careful before doing so. Virtually all...
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