Archived
Chapter 7. Will the court or trustee take issue with the fact that I funded by Bankruptcy thru a family gift? need to hire atty
Asaph's answer
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Answered on November 03, 2011
A different payor than the debtor herself, may pay for the attorney fees. Need for a gift of legal fees is consistent with inability to repay...
Archived
Will my Chapter 7 get dismissed for bad faith because of a discretionary end-of-year bonus?
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Answered on October 27, 2011
Eligibility as a function of income considers more than just a single potential bonus.
The bad faith element is the taking of loans while...
Archived
If i file a chapter 13 will this for sure same my home from being forclosed on.
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Answered on September 19, 2011
And in the S. District of CA, you could be afforded 60 mos. to catch up and pay no interest on the arrearage. Perhaps Utahan counsel could interject?
Archived
I haveIbeen paying my first mortgage in hopes of staying in my home longer (chap 7 final) The mortgage co says
Asaph's answer
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Answered on August 23, 2011
Bankruptcy will discharge personal liability on the mortgage arrears, but the chapter 7 bankruptcy does not compel the mortgagee to forgive their...
Archived
My bankruptcy, ch. 7, was discharged in 2006. I 2011 I have been advised I will receive a settlement. What do I do?
Asaph's answer
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Answered on August 16, 2011
If the basis for the claim existed at the time of your petition-filing, then it's an asset that should have been listed (and exempted to the extent...
Archived
I filed a chapter 7 in 2003 and a chapter 13 in 2008. When can I file again?
Asaph's answer
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Answered on August 10, 2011
See my summary...
Archived
Under what circumstances could a "Private" student loan be dischargeable in a chapter 7 bankruptcy?
Asaph's answer
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Answered on August 08, 2011
Extreme is pretty extreme. The Code broadly defines student loans and vaguely defines the hardship exception as "undue hardship." Case law lays...
Archived
Is it mandatory for both debtors to attend the Bankruptcy Hearing? Can attorney go and represent instead?
Asaph's answer
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Answered on July 15, 2011
2 more pennies, though the horse is dead and buried and eulogized: it's important to bear in mind that bankruptcy is a serious procedure; and it...
Archived
I'm in chapter 7 past the 341 meeting and got letter from homeowners association, for my house that i am not keeping, that my
Asaph's answer
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Answered on July 06, 2011
The HOA dues incurred post-petition (after filing) are not dischargeable. See 11 USC section 523(a)(16).
Archived
If you file bankruptcy and it was dismissed do to nonpayment, can you file bankruptcy again?
Asaph's answer
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Answered on July 05, 2011
I'm going to recycle an apropos lil' summary on repeat filings. See below.
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