Archived
My boyfriend(we live together) is in chapter 13 and trying to do a modification loan with the mortgage company.
Brian's answer
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Answered on September 22, 2013
Ordinarily, if you are being added to a mortgage, your name would also be added to the title as part of the escrow paperwork ... although it is not...
Archived
I filed for chapter13 repayment plan almost 5 years ago. Will this affect my social security benefits?
Brian's answer
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Answered on September 22, 2013
No - why would it?
Archived
Should I file for Chapter 7 in California? a few simple questions..
Brian's answer
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Answered on September 21, 2013
Yes, it's a good plan.
Yes, it's a waste of money to pay down debts that are going to be discharged anyway.
No, all debts will be discharged -...
Archived
Trustee non-responsive. Next best steps?
Brian's answer
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Answered on September 21, 2013
It will cost you a little more; but you could ask your attorney to file a Motion to Compel Abandonment of the "asset".
Archived
Can one keep their home if filing a chapter 13 and my home is in active foreclosure with no sale date
Brian's answer
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Answered on September 21, 2013
You cannot keep your home if you are unable to make the regular mortgage payments going forward. But if you just need time to catch up on the...
Archived
In CA, will a State Court default judgement for fraud survive bankruptcy with a non-dischargeability 523 action filed?
Brian's answer
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Answered on September 21, 2013
In California, a default judgment is deemed a judgment "on the merits"; so, yes, you need to defend the suit.
Archived
Chapter 7. What effect where debtor forgot she was listed on parent's home deed yrs ago. Can she amend and exempt if available?
Brian's answer
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Answered on September 20, 2013
Yes ... she can amend. But even if there were substantial equity, you would argue the resulting trust scenario and allege no equitable interest...
Archived
What actions do I take because a law firm will not speak to me regarding a judgement?
Brian's answer
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Answered on September 20, 2013
It is unlikely that he is paying back 100% of that unsecured debt in his Ch13; but it is relatively easy to find out from the BK Court (or his...
Archived
Filing Chapter 7 individ. Divorcing separated wife. Am entitled to part of her pension. How will it be treated in ch.7? exempt?
Brian's answer
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Answered on September 19, 2013
The mistake you should not make is to try this without an attorney. If the pension is not already being distributed, your right to receive it is...
Archived
Chapter 7 bankruptcy CA If estranged wife filed / discharge 1 year ago. How mitethat affect me if I file now? Divorce in process
Brian's answer
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Answered on September 19, 2013
Since her case is no longer pending, you are free to claim whatever exemptions you would otherwise be entitled to ... whether from the 703 series...
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