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I FILED FOR CH 13 ABOUT A WEEK AGO. I NOW WANT T DISMISS THE CASE. I HAVENT GONE TO COURT YET. HOW DO I STOP IT?
Marco's answer
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Answered on October 25, 2011
If all papers have been filed (i.e. all schedules, statements and declarations) then you would either file a motion requesting the dismissal. ...
Archived
File chapter 7 bankruptcy again. Eligible 8 years after I last filed or after the discharge?
Marco's answer
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Answered on October 25, 2011
8 years from the previous filing. Although a chapter 13 is possible after 4 years - and may provide options unavailable in a chapter 7 (i.e. lien...
Archived
I FILED CH 7 BK IN JUNE 2004 AND IT WAS DISCHAGED SEPT 2004. WHEN CAN I FILE ANOTHER CH 7?
Marco's answer
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Answered on October 25, 2011
8 years from the 2004 filing. Alternatively, you can file a chapter 13 and as my colleague mentioned earlier, pay pennies on the dollar. In some...
Archived
Equity in car is only 1700, need an exemption?
Marco's answer
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Answered on October 24, 2011
How much you can exempt is dependent on the exemptions you propose to use (i.e. 703 or 704). The 704 is often most preferable to debtors that have...
Archived
I know that ss is hard to garnish but how about 401k and company retirement --- in californa
Marco's answer
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Answered on October 21, 2011
401(k) is protected under a variety of state and federal exemptions.
Archived
Tenant purposely ignored receiving her security deposit mail
Marco's answer
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Answered on October 21, 2011
you might consider sending it via first class mail. If it's a personal check you will have a record that she cashed it. Alternatively, if it goes...
Archived
State of CA, I won judgement in Sm Claims but the debtor not paying. If he is married, may I have his wife's wages garnished?
Marco's answer
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Answered on October 21, 2011
You may garnish the wages against the judgment debtor/defendant. If she wasn't a defendant then you can't garnish her wages since she is not a...
Am I responsible for tenant's security deposit when my property management company filed bankruptcy?
Marco's answer
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Answered on October 21, 2011
The property management company acted as your agent and on your behalf. If the lease agreement is between a Landlord and a tenant, then the...
Does a Deed of Trust supercede the original Promissory note and it's due date?
Marco's answer
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Answered on October 21, 2011
In as much as you are speaking about the due on sale clause then my colleague is correct as to this point. However, if you are speaking about a...
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Archived
Can I do anything to get an extention from a vacate noticed I received from the bank that now owns the house where i live
Marco's answer
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Answered on October 21, 2011
your options are dependent on the stage of the eviction process. If the unlawful detainer has already been finalzied and the writ of possession...
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