Can I cancel the insurance on a car included in chapter 13 if I no longer can drive it? Will the creditor repossess the vehicle
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Answered on December 13, 2020
This is kind of a mixed bag. On the one hand you don't want the vehicle repossessed (insurance question) but yet you don't want to keep it and want...
How can I get free title to 2 vehicles whose liens are held by a company that went bankrupt?
John's answer
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Answered on December 13, 2020
It appears you filed a Ch. 7 case, and did not reaffirm the vehicles. As you have discovered, the debt is discharged, you don't owe any $$ but the...
Selling home while in Chapter 13?
John's answer
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Answered on December 08, 2020
This is likely going to be a local jurisdiction answer. The questions will be at least two fold. First, what was your ACP (Applicable Commitment...
Will my 3 year Chapter 13 payment plan be converted to a 5 year payment plan if my second year income passes the median income?
John's answer
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Answered on December 06, 2020
No. The means test is measured at the time of filing, looking back over the prior 6 months average and compared with the household size allotments,...
Archived
Will you loose your primary residence if you convert to chapter 7 ?
John's answer
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Answered on December 05, 2020
This is wholly dependent on whether you have equity in your home, or not, and if so, whether that equity is exempt under the applicable law. There...
Archived
Convert to a chapter 13 to 7?
John's answer
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Answered on November 30, 2020
It is generally a very 'bad' thing to draw down or cash out a 401k before or during an active BK. The reason is, the 401k money is 'exempt',...
How long does it take to receive the remainder of the proceeds from the bankruptcy trustee after sale of home
John's answer
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Answered on November 28, 2020
This will depend on how the motion /order to sell was drafted. It appears that all the net proceeds were paid to the trustee and now you are...
Can I still file bankruptcy on a hospital bill that has already been turned over to their lawyers and the decision has been made
John's answer
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Answered on November 27, 2020
Sure. There is nothing special about medical debt, even if it has been taken to a judgment. So long as no fraud (highly unlikely) this is a...
When I get out of bankruptcy chapter 13 in six months how long do I have to wait to buy a home?
John's answer
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Answered on November 18, 2020
We've had Ch. 13 clients purchase homes during the open case, prior to discharge, but that is rare. It also requires getting permission to incur a...
In California, can I file for bankruptcy without my husband?
John's answer
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Answered on November 10, 2020
The fast answer is yes. There is no requirement for married folks to file jointly. In fact, a joint filing is actually two individual cases,...
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