Archived
What is S. 61 that you mention and how does it help those stripping the 2nd mortgage in a 13 and converting to a 7?
Harley's answer
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Answered on April 24, 2009
no you must pay it off,at a discount, in the Chapter 13 plan as an unsecured debt.
You can already lien strip for a wholly unsecured loan...
What happens to my home in Chapter 7 Bankruptcy?
Harley's answer
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Answered on April 24, 2009
In a Chapter 7 those debts would all appear dischargeable (unless an exception such as recent purachases of luxury goods, cash advances applies). ...
Archived
We have 40k in creadit card debt, all cards are under my wifes name. If she claims bankruptcy will this affect me?
Harley's answer
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Answered on April 23, 2009
Your wife can declare bankruptcy without you declaring bankruptcy. Her debts will be discharged. Yours won't. When she files, all the community...
Discharging Civil Judgement in Bankruptcy
Harley's answer
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Answered on April 22, 2009
The bankruptcy laws are very tough on drunk drivers. Under the sec 523 a debt for personal injury caused by the debtor's operation of a motor...
Archived
I have credit cards debts of $16000 and no means of paying. Can I go bankrupt?
Harley's answer
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Answered on April 16, 2009
Yes you can save some fees by doing some of the work yourself. I have a method which allows my clients to input their data on line. Once the data...
Archived
If a credit card company got a judgment and liened my checking acct, will I get the funds back if I file bankruptcy?
Harley's answer
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Answered on April 16, 2009
No. Filing bankruptcy does not force creditors that took money from you before you file for bankruptcy to give it back. Bankruptcy stops...
Archived
I live in California. I have $16,000 in unsecured debt. And a $20,000 car loan. Can i file Chapter 7 if i make over $40,000/yr
Harley's answer
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Answered on April 16, 2009
When you ask if you make too much money to declare bankrutpcy you are asking about the "Means Test"
The Means Test works like this:
Means...
Archived
Can I file for bankruptcy & keep my home?
Harley's answer
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Answered on April 15, 2009
You can try to get a loan modification. But if you have no steady documentable income because you've been laid off it is unlikely that the bank...
Archived
I owe $21,400 in CCards. We have been living on SSDI along with child support income for 10 yrs. Can I waive filing fees?
Harley's answer
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Answered on April 15, 2009
You asked: "Do the courts count SSDI and child support as income on the means test?" The answer is yes. You also asked: "Do I pay for BK lawyer...
Archived
How much does a Chapter 7 Bankruptcy cost in Southern California?
Harley's answer
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Answered on April 14, 2009
It depends on the complexity of your case and the attorney you use. I charge $1,500 for the average case. But I charge more if its more...
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