Archived
On a homesteaded home, how can the funds be protected after a Sheriff's sale so they can be used to purchase a replacement home?
Mark's answer
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Answered on January 19, 2012
Perhaps the more important question to ask is not to whether you can protect the sale proceeds, but rather how to stop the sheriff's sale. If you...
Archived
The home I'm renting is now under foreclosure proceedings. How will my lease affect my legal relationship with a new owner?
Mark's answer
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Answered on January 19, 2012
Read the Protecting Tenants at Foreclosure Act of 2009, signed into law by President Obama. See link below.
Archived
House was sold at trustee sale without posting for 20 days. Can i undo the sale
Mark's answer
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Answered on January 19, 2012
Trustee does not have to send out a 2nd Notice of Sale, unless at least 1 year has passed from the first Notice of Sale. For a period of one year...
Can a hospital bill me for medical visit because I carry the insurance even though I didnt sign consent/responsible party form?
Mark's answer
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Answered on January 19, 2012
I'm assuming your daughter is a minor, under 18. In that case:
Your divorce decree is an agreement between you and your ex-wife, not an...
Archived
I received a civil summons from a credit card company
Mark's answer
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Answered on January 19, 2012
You don't want to ignore it because if you do the credit card lender will obtain a "default" and judgment against you. My guess is that if it is a...
Archived
Bankruptcy. Can a bank levy instituted within 90 days of chapter 7 filing be considered an Avoidable "Preference"?
Mark's answer
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Answered on January 19, 2012
Yes. You'll need to either convince the bankruptcy trustee to go after the funds, or have your lawyer do the work. Definitely, talk to a...
Archived
Which assets can be taken and which cannot in a bankruptcy case? Why are there distinctions?
Mark's answer
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Answered on January 19, 2012
To keep your assets in bankruptcy, either:
A. Your assets need to be covered by your bankruptcy exemptions; or
B. You need to file a...
Archived
Am I allowed to get a secured credit card two years after a chapter 13 BK?
Mark's answer
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Answered on January 19, 2012
Yes, you can get a secured credit card. It should not affect your Chapter 13 plan one way or the other. Depending on your circumstances, you may...
Archived
Is an Ira exempt in bankruptcy
Mark's answer
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Answered on January 19, 2012
Yes, under Bankruptcy Code Section 522, subsection (b)(3)(C).
Archived
Filed Taxes, and Bankruptcy
Mark's answer
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Answered on January 19, 2012
Just file an amendment to Schedule B, listing the tax refund, and file an amendment to Schedule C, claiming the amount as exempt. That should...
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