Archived
I have a home in Florida but moved to CA about 4 months ago. Can I use the CA BK Homestead Exemption to protect the house?
David's answer
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Answered on September 10, 2012
If you haven't resided in the same state for the full two-year period prior to filing bankruptcy, the laws of the state in which you resided for...
Archived
I file bankruptcy in 2010. I found out after my discharge that my attorney did not reaffirm my home loan.
David's answer
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Answered on September 09, 2012
In 13 years of practicing only bankruptcy I've never advised anyone to reaffirm a mortgage. I've also never heard anyone complain about not doing...
Archived
The Debtor in BK falsified financial info on his means test, and does not qualify for Ch7. How to request conversion to CH 13
David's answer
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Answered on September 05, 2012
If the majority of a debtor’s liabilities are consumer debts (i.e., not business related) a creditor or trustee can move the court for an order...
Archived
Does a dismissal of a chapt 7 filing end an adversary complaint already made?
David's answer
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Answered on August 22, 2012
No, because the adversary proceeding is on an independent track from the underlying bankruptcy. If the 727 claim was brought by the Office of the...
Archived
California - Ch7 Bankruptcy discharged SEVEN years ago. No reaffirmation agreement now the bank is harassing us for money!
David's answer
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Answered on August 10, 2012
It’s not possible to reaffirm a debt discharged in bankruptcy without signing a written agreement that is filed in the bankruptcy court prior to...
Archived
What happens in an adversary proceeding in bankruptcy?
David's answer
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Answered on August 08, 2012
If there are multiple defendants, and the state court allegations include fraud or other intentional tort, I'd expect the Plaintiff to move the...
Archived
Is low cost/free bankruptcy filing available for someone living on social security disability?
David's answer
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Answered on July 28, 2012
There are already great answers posted. I'd just like to suggest that you call a local bankruptcy attorney. Most give free initial consultations,...
Archived
Can a credit card judgement be appealed? thank you in advance.
David's answer
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Answered on July 20, 2012
If the trial court made an error of law, opposed to an error of fact, an appeal of the final judgment can be made. You have a very short window of...
Archived
Can I file a Chapter 7 Bankruptcy before filing my 2010 and 2011 Tax Returns?
David's answer
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Answered on July 20, 2012
There are excellent answers already that address most of your issues. I’ll just add a bit about discharging income tax debts because you asked if...
Archived
Is it possible to keep my home and remove a lien on my house by filing for bankruptcy?
David's answer
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Answered on July 06, 2012
Where a junior lien is totally undersecured, meaning the fair market value is less than what is owed on the senior mortgage, it can be stripped off...
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