Archived
Does ch. 13 bankruptcy require the HOA to accept less than what it alleges it is owed? Or do they get 100 per cent over time.
Asaph's answer
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Answered on October 24, 2013
Whether the HOA had recorded a lien will affect treatment of the prepetition debt (debt incurred before bankruptcy filing); the notion of...
Amount of Chapter 13 monthly plan payment when unsecured creditors are being paid 100%
Asaph's answer
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Answered on October 24, 2013
In chapter 13 bankruptcy, some interest may be added if the bankruptcy debtor has "too much" money left over, though never assume that's the case--...
Archived
Re-0pen Bankruptcy Ch 7
Asaph's answer
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Answered on October 23, 2013
A chapter 7 bankruptcy case can be re-opened to avoid (remove) an avoidable judicial lien (that impairs an exemption). Presumably the foreclosure...
Archived
I'm over the Indiana median income standards for Chapter 7 for a family of 7, can I still file only with additional tests?
Asaph's answer
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Answered on October 21, 2013
Absent exclusion for "MILITARY AND NON-CONSUMER DEBTORS," above median-income compels completion of the bankruptcy means-test calculation that...
If you filed a Chapter 7 bankruptcy in 2012, how soon after can you file a Chapter 13?
Asaph's answer
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Answered on October 21, 2013
You can, but at this juncture, there'd be no discharge of debt in the chapter 13 bankruptcy being filed on the heels of a chapter 7 bankruptcy [or...
Archived
What happens if you are not qualified to file a Chapter 7 - yet you filed? Can you get out of bankruptcy at that point?
Asaph's answer
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Answered on October 03, 2013
You file chapter 7 bankruptcy to win it. There is a presumption for so-called bankruptcy abuse that may be triggered by an often-skewed and...
Archived
What should be my next step if the Trustee files a motion to dismiss my Chapter 13 for sufficient grounds due to too much equity
Asaph's answer
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Answered on October 03, 2013
In chapter 13 bankruptcy, creditors must be paid the equivalent of what they might hypothetically have received in a chapter 7 bankruptcy...
Archived
Ch 7 and 13 BK question
Asaph's answer
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Answered on September 25, 2013
■You can file a chapter 7 bankruptcy eight (8) years after the filing date of a prior chapter 7 that ended in discharge.
■You can file a chapter...
Archived
Can I file bankruptcy now or do I have to wait?
Asaph's answer
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Answered on September 23, 2013
Not all food is equal, but I'll assume it's less Whole Foods, more Safeway. Debt incurred proximate to the filing of a bankruptcy petition may be...
Archived
Can you file bankruptcy only on credit card debt in Michigan?
Asaph's answer
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Answered on September 18, 2013
The value of a paid-off home might exceed bankruptcy exemption limits in Michigan and presumably retaining home ownership is prioritized over...
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