Archived
Where on the schedules should I list my wife's upside down financed car when she is not a CO filer in my bankruptcy CA chapter 7
Kathryn's answer
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Answered on July 21, 2019
You must list all of your separate property and community property on schedule A/B. Community property is property acquired during marriage,...
Archived
Do I need a lawyer to sign a reaffirmation agreement ?
Kathryn's answer
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Answered on June 24, 2019
In this district, reaffirmations can be excluded from the base fee charged in the attorney/client agreement. Many attorneys offer more affordable...
Archived
Ch. 7 in 2012 in CA. Mortgage wasn't affirmed. Can't get home equity loan because loan isnt reported to CRA. Anything we can do?
Kathryn's answer
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Answered on May 30, 2019
It was done properly, nothing to reopen or fix. Request written payment history from loan servicer and include this documentation as part of the...
In chapter 7 bankruptcy, if I take funds out of my IRA right before I file and into money market, is it still protectable 704?
Kathryn's answer
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Answered on May 06, 2019
The withdrawn funds are no longer protected by the retirement exemption. A bankruptcy attorney can advise you on your best course of action, it...
Archived
Can a claim of exemption stop a federal student loan garnishment of a person on SSDI?...
Kathryn's answer
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Answered on April 22, 2019
Social security benefits can and are being garnished for federal student loans, no lawsuit is needed. Borrowers can rehab the loans and put them...
Archived
If I was given a control number when someone was trying to serve me, what do I do
Kathryn's answer
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Answered on April 19, 2019
Likely you're not being served, more like an attempt to being scammed. You can call and ask them what this is about, come and serve me, dont give...
Can my car be taken away even if I am current but I havent paid my credit card with same bank?
Kathryn's answer
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Answered on April 19, 2019
Your attorney should know based on your particular situation.
We are being sued by Calvary for a 7 year old debt. Statute of limitations in California is 6 years. What can I do?
Kathryn's answer
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Answered on April 18, 2019
It is super important that you file an answer to the lawsuit and in that document seek affirmative defense of statute of limitation. The SOL is 4...
Lawsuit against me from capital one. What affirmative defense can I use?
Kathryn's answer
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Answered on April 18, 2019
Has the statute of limitation expired? Breach of written contract in CA is 4 years. There might be no affirmative defenses. The lawsuit isnt...
Within the meaning of the bankruptcy code: What is a "creditor" ?
Kathryn's answer
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Answered on April 18, 2019
11 U.S. Code § 101 - Definitions
(10)The term “creditor” means—
(A)
entity that has a claim against the debtor that arose at the time of or...
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