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Will I get any of the money back that they took out of my check for the payment to my creditor
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Answered on March 02, 2016
It depends on the local rules of your district. Usually it will be returned to you, or your attorney, if no distributions have yet been made by...
Archived
In chapter 7, if husband filed individual bk 5 years ago and now wife files chapter 7, how does previous filing affect her?
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Answered on February 24, 2016
Wife may still use the 703 or the 704 exemptions (but not both) in her Chapter 7 case.
You are probably confused (and rightfully so) by...
Archived
If I accept the settlement for back child support would it be exempt from my chapter 13 or do I have to submit it to the trustee
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Answered on February 19, 2016
Assuming that you properly scheduled your right to receive the past due support and exempted it under applicable code sections, you should be able...
Archived
Have outstanding unemployment debt from state of California is it possible to wipe debt out with a bankruptcy
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Answered on February 17, 2016
If this is for an unemployment overpayment from the Employment Development Department, and the reason for the overpayment was not due to false...
Archived
Wife and I common law married under another state's laws. Now, in CA. Marriage valid? Married for bankruptcy purposes?
Mark's answer
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Answered on February 09, 2016
Yes, if the marriage was valid in another state, it is valid in California.
Archived
Married looking to file chapter 7 individually. Wife has assets in her name. Would putting into irrevocable trust protect?
Mark's answer
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Answered on February 09, 2016
Unfortunately, no. Putting them into an irrevocable trust or transferring them in any other way without receiving reasonably equivalent value is...
Will a house in a single member LLC be eligible for homestead exemption?
Mark's answer
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Answered on February 03, 2016
Non-Individual entities (i.e. corporations) do not have exemptions. Exemptions are for individuals only.
Archived
Judge denied reaff/auto @ hearing but said I could continue to pay & they won't take my car. Aufcu said I must return ?? Legal?
Mark's answer
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Answered on January 29, 2016
The bankruptcy judge was giving you his/her unofficial opinion on what the law is. Judges are not supposed to do that.
But what the Judge meant...
Archived
Will the new ruling on absolute priority help me or help my mortgage company (non homestead property).
Mark's answer
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Answered on January 28, 2016
First of all, you should not be representing yourself in a Chapter 11 case. You have virtually zero chance of success that way. If you are...
Archived
Can I strip my second lien in chapter 13 if all my unsecured debts have ran out of the statue of limitations to collect in CA?
Mark's answer
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Answered on January 27, 2016
It's more complicated than that, but basically correct.
All creditors have an opportunity to file a claim in the case.
If they are in...
