Archived
Does filing for chapter 7 bankruptcy immediately eliminate my obligation to pay unsecured prepetition debts? If not, why not?
Asaph's answer
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Answered on June 29, 2013
Bankruptcy protection is triggered upon the filing of the bankruptcy case (that's the famous bankruptcy automatic stay). The official discharge...
Archived
I am considering filing chapter 7 but am confused about schedule I and J. What if these expenses fluctuate?
Asaph's answer
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Answered on June 29, 2013
That's five questions! Under the 2005 Bankruptcy Asker's Abuse and Bankruptcy Attorney Protection Act (BAABAP), that is 4-too-many questions for...
Archived
I got discharged from Chapter 13 in February 2012. Can I file again now.
Asaph's answer
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Answered on June 29, 2013
Yes. See the first link below for time limits pertaining to receipt of a discharge in a chapter 13 bankruptcy filed subsequent to a prior chapter...
Archived
Can I file for Chapter 7 bankruptcy in NJ even if a creditor has filed a lawsuit against me?
Asaph's answer
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Answered on June 03, 2013
Bankruptcy stays (stops) creditor lawsuits; that a creditor happened to have already filed a lawsuit (and/or obtained judgment) does not preclude...
Archived
What do I do about calls from creditors?
Asaph's answer
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Answered on May 09, 2013
Creditors calling kindly claim conversations are recorded for "quality purposes;" creditors clearly convey that anything you say or do or can be...
Archived
I am trying to do a Ch 13 bankruptcy. I am a below median income debtor. What is my Plan payment going to be?
Asaph's answer
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Answered on May 02, 2013
The Bankruptcy Schedule J bottom-line needs to be paid into the Chapter 13 Bankruptcy Plan; the chapter 13 bankruptcy trustee must be paid a...
Archived
What does reaffirming an auto loan mean?
Asaph's answer
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Answered on April 25, 2013
It means re-signing (and reinstating liability) upon the loan after filing chapter 7 bankruptcy.
Local practices vary; see my San Diego bankruptcy...
Archived
Filing for Chapter 7, must I include bank statements with my filing?
Asaph's answer
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Answered on April 23, 2013
Threshold requirements for evidentiary-supporting-documentation vary by bankruptcy district, with which practiced local bankruptcy counsel will be...
Archived
I filed chapter 7 on 10/2005. My husband had a business that went under and now is being garnished can we file chapter 7 now?
Asaph's answer
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Answered on April 22, 2013
The afterthought on the Oregon to Washington departure, begs a departure to the tangential topic of federalism in bankruptcy. Your San Diego...
Archived
I am 2 yrs into ch 13 bankruptcy and have an issue please someone have an answer!!!!
Asaph's answer
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Answered on April 22, 2013
Utah has terrible bankruptcy exemptions (no offense) so chapter 7 conversion may not be in the cards. While chapter 13 bankruptcy practice is very...
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