Archived
Per Trustee, I am required to use Arizona exemptions. I've lived (rented, paid bills) In California for 9 months. What gives?
Asaph's answer
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Answered on February 23, 2011
Federal exemptions (often superior to state exemptions) are often available in this type of situation. I urge you or anyone in your situation to...
Archived
Is it true there is a $20,000 wildcard exemption for a debtor?
Asaph's answer
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Answered on February 18, 2011
The relationships among the parties referenced in your fact pattern is not quite clear to me (of course that opening sentence of mine is probably...
Archived
In California. Want to file chapter 7. My wife and I have separate real estate (pre marriage). Any issues. Don't want to effect
Asaph's answer
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Answered on February 16, 2011
Ditto. There are potential pitfalls and you need to retain counsel. There are presumptions as to what constitutes separate property, and there is...
Archived
Can I go back and include landlord in a Chpt 7, since I opened a lease/contract w/them in the middle of my bankruptcy? Need Help
Asaph's answer
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Answered on February 16, 2011
A bankruptcy discharge is limited to debts incurred prior to the filing. We can't incorporate liabilities incurred after the filing date even if...
Archived
Discharge and Closing...
Asaph's answer
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Answered on February 16, 2011
Generally a discharge order is issued promptly by the Bankruptcy Court after the creditor deadline to object has passed (60d after the original...
Archived
I want to file chpt 7 ... not sure if I should keep my 2006 chevy. I owe over 10,000 on it w/ payments until 4/2013 ??????
Asaph's answer
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Answered on February 14, 2011
Not all Chevys are born equal: depends whether it's an Aveo or a Vette. If a vehicle is "upside down," then it can certainly make sense to return...
Archived
What is the time period for preferential payoff of debt for the state of Idaho
Asaph's answer
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Answered on February 14, 2011
Generally, preferential unsecured debt payments are problematic from the debtor's perspective in terms of payments to family, friends or...
How long does it take to preapare a chapter 7 pettition once all the required paperwork has been turned in?
Asaph's answer
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Answered on February 09, 2011
Not everything that goes into a petition can be gleaned from an attorney's objective review of documents. We need lots of information specific to...
Archived
Home Valuation
Asaph's answer
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Answered on February 08, 2011
You value your home, however it may be contested by the chapter 7 case trustee whose job it is to liquidate property (fortunately, there's nothing...
Archived
Are SS Disability monies considered income for the purposes of the Chapter 7 means test?
Asaph's answer
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Answered on February 08, 2011
It's non-CMI (Current Monthly Income) income. CMI is a calculation of the average gross income from all sources, for the 6-month period prior to...
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