Archived
My attorney did not list my gambling losses within 1 year on my chapter 7 petition? What are the chances of my petition being
Asaph's answer
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Answered on March 19, 2014
Inadvertent, immaterial error is unfortunate, but not fatal and can be rectified via amendment. A budget that accommodates significant gambling...
Archived
Chapter 13 or Chapter 7? I will not be involving the house or vehicle. I have alot of medical bills and credit card debt.
Asaph's answer
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Answered on March 13, 2014
Real property, vehicles and secured debts are implicated (either materially or not), which means you must exempt equity and schedule corresponding...
Archived
Advice regarding qualifying for either ch 7 or 13 during initial bankruptcy consultation.
Asaph's answer
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Answered on March 13, 2014
The specific chapters of the Bankruptcy Code are different types of tools or means employed to achieve the same basic end: relief from debt. ...
Archived
Bankruptcy question on a car loan
Asaph's answer
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Answered on March 13, 2014
Absent reaffirmation, it's a dischargeable debt (i.e. pursuant to discharge, liability doesn't arise from the post-surrender deficiency);...
Archived
I purchased a $33,000 truck on payments in September 2013? I can't afford it now. Can I include it in my chapter 7?
Asaph's answer
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Answered on March 13, 2014
It's a dischargeable debt. Financing 6-months prepetition doesn't preclude discharge; however, the debt's recent incurrence may beg scrutiny if...
Report of No Distribution from the Trustee filed. Do I get to keep everything?
Asaph's answer
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Answered on March 13, 2014
Absent discovery of additional assets and value, the trustee has expressed he won't seek assets. If there were nonexempt assets, then presumably...
Bankruptcy, chapter 7- re-opening a case and adding creditor - medical bills
Asaph's answer
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Answered on March 13, 2014
If she hasn't yet received a discharge, then the case is still open; debts incurred prior to the filing (regardless of when bills are received) may...
Chapter 7 bankruptcy - Does the trustee need my bank statement up to the filing day? My attorney had me print out a snap shot of
Asaph's answer
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Answered on March 13, 2014
Cases filed in the Southern District of CA have localized, specific and standard supporting-document requirements; additional documentary requests...
Archived
CHAPTER 7 BK FILING
Asaph's answer
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Answered on February 25, 2014
Yes, via amendment. The ramifications of an amendment depend upon its materiality, nature of the cause for the error, timing and effect upon...
Archived
Not for sure about my exemptions 703 or 704 want to keep my house and asset
Asaph's answer
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Answered on February 14, 2014
It depends upon the nature of your property. But a few apropos-yet-not-exhaustive pitfalls to point to: 1) Based on domicile, the CA exemptions...
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