Archived
Question: "We have a property pending sale with three deeds of trust in Federal Bankruptcy Court, and a Superior Court Case"
Brian's answer
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Answered on August 03, 2013
Your Ch7 Trustee is interested in selling the property because there must be equity there for him to distribute to your unsecured creditors. It...
Archived
If you have property in the east coast but are staying with relatives in California, can you use a Ca bankruptcy lawyer?
Brian's answer
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Answered on August 03, 2013
No. As long as you've been here for three months, you are free to file your BK here. If you're surrendering the property, you never have to go...
Archived
What stops a creditor from re-attaching a stripped lien judgment from a Chapter 20 bankruptcy since there is no discharge?
Brian's answer
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Answered on August 02, 2013
They can't put a lien on anything else you own because the debt no longer exists ... it was discharged in the prior BK ... only the lien remained.
Archived
As a contractor, if i file chapter 13 can my subs still file liens on my customers
Brian's answer
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Answered on August 02, 2013
Your subs' rights to file mechanics liens are not affected by your BK. But isn't there a time limit in your state for them to act?
Archived
Does Ch 13 look at my past 6 months income or my current income when determining a payment plan?
Brian's answer
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Answered on August 02, 2013
Both. Officially, it's based on the 6 month average and the corresponding expenses. But recent case law allows your attorney to argue a Plan...
Archived
Who (BK Trustee or Attorney) can I sue for this error? Why? This error has resulted in me paying additional fees and maybe repo.
Brian's answer
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Answered on August 01, 2013
You need to review the accounting provided to you by the Trustee ... it will show exactly what was claimed and what was paid in your BK. If the...
Archived
Car Lease
Brian's answer
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Answered on August 01, 2013
Yes.
Archived
What if i filed BK and has been discharged - can i be sued later?
Brian's answer
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Answered on July 31, 2013
No.
Archived
I am confirmed in Chapter 13. how do i object to the proof of claim.
Brian's answer
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Answered on July 31, 2013
You file a Notice Objecting to the Claim:
http://www.cacb.uscourts.gov/sites/cacb/files/documents/forms/F3007-1.1NOTICEOBJCLAIM.pdf
Archived
What are the income tax consequences with IRS if I do a Deed in Lieu with lender of my rental property?
Brian's answer
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Answered on July 31, 2013
No.
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