Archived
Filing Chapt.13 with questions on some of the Schedules
Brian's answer
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Answered on August 12, 2013
I'm sure I'll be castigated by some colleagues for suggesting that some of what Congress required on your Schedules is not particularly important;...
Want to file Ch. 13 100% plan; If all dis. income pay off debts before 60 months, do I have to surrender all disposable income?
Brian's answer
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Answered on August 11, 2013
I don't know about your Trustee(s), but in my District the Trustees will allow you to reduce your monthly payment as long as the 100% Plan...
Archived
If I filed chapter 13 in 2009 and my mortgage has continued to be paid, even though the mortgage was dismissed am I still liable
Brian's answer
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Answered on August 11, 2013
What do you mean by "the mortgage was dismissed"? Did you complete your Ch13 Plan? If you did and the mortgage was "discharged", then, no, you are...
Archived
How do I file Florida motion to reconsider chapter 13?
Brian's answer
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Answered on August 10, 2013
You may be incorrect about the 10 days. The Rules were changed recently and your deadline probably is 14 days. In either case, deadlines which...
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Archived
If I purchase a 2nd vehicle shortly before filing bankruptcy, can I count both vehicles' expenses on my means test?
Brian's answer
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Answered on August 09, 2013
Yes.
Archived
My wife filed and was granted a chapter 7 in the middle of our divorce proceeding. Is she liable for marital debt?
Brian's answer
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Answered on August 09, 2013
She is no longer liable on any of the joint debts, her debts or your debts ... whether she listed them or not. However, the family court judge may...
Archived
Filed a ch 13 case in 2012 and each year I have to turn in my prior tax return to my trustee.. cont'
Brian's answer
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Answered on August 09, 2013
Yes it applies to you. If you filed jointly, then $750 per debtor is $1,500. So the Trustee wants you to turn over any amount of you refund in...
Archived
Is BK discharge title for income tax ?
Brian's answer
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Answered on August 09, 2013
No.
Archived
Chapter 7 discharged tax debt. Howevr, IRS had lien that survives. Would they take house to enforce that lien? What if no equit
Brian's answer
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Answered on August 09, 2013
Ask them to release the tax lien since there is no equity for it to attach to (forgive the trailing preposition).
Archived
If a builder files bankruptcy before the trial for construction defects of $1.5 million and get it discharged and have the stay
Brian's answer
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Answered on August 09, 2013
No ... he will not be awarded fees he does not have to pay; but he may be awarded fees incurred after the BK was filed under certain circumstances.
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