Archived
Can a small claims court judgement/student loan be included in bankruptcy? How soon after counseling can I f
Brian's answer
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Answered on July 29, 2013
Both need to be included. The judgment will be discharged (probably) but the student loan will not.
You can file any time once you have your...
Archived
Chapter 7,how do I get started? What is the credit couseling required by court? It simple, can I file it myself? how much time?
Brian's answer
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Answered on July 29, 2013
If you're going to do it by yourself, go to the BK courthouse and request the package of forms.
The credit counseling is an hour on the internet...
Archived
IN CHP. 7 WOULD YOU ADVISE YOUR CLIENT TO SIGN A REAL-ESTATE SETTLEMENT AGREEMENT, WHEN THE STIPULATION IS NOT IN THEIR FAVOR?
Brian's answer
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Answered on July 29, 2013
No attorney would advise his/her client to sign a stipulation that was not in the client's favor based on all the facts, ramifications, and...
Archived
During a Chapter 7 no asset case what happens if I can't afford to pay my home or car insurance payments?
Brian's answer
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Answered on July 28, 2013
Of course it can.
The fact that you filed BK has absolutely no effect on whether your insurance lapses or remains in force.
Archived
Can I file an addition to the divorce decree addressing marital bills which were not addressed due to my Chap 13 involvement?
Brian's answer
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Answered on July 28, 2013
First question: is there any way you can qualify for Ch7 or at least pay less than 100% of the marital debt in your Ch13?
If not, and the debt is...
Archived
We are currently in a chapter 13 with approx 1 year left to be discharged. now faced with student defaults can we file chap 7?
Brian's answer
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Answered on July 28, 2013
Yes ... or you can convert your 13 to a 7 (assuming you can exempt your assets and your income does not disqualify you).
Archived
I won my chapter 13 bk case without a lawyer. Can i contest the 13000 my hoa is trying to charge me,most of it is excess fees.
Brian's answer
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Answered on July 28, 2013
I know of no way to force a HOA to reduce legally assessed fees without negotiation ... a court would not be involved.
With regard to your BK,...
Archived
How does bankruptcy work? Can I call each creditor and deal with them directly?
Brian's answer
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Answered on July 27, 2013
You can deal with each creditor directly; but you'll probably end up filing BK anyway.
You haven't told us how much you make or what's in your...
Archived
Can my son and I do a Ch 13 bankruptcy? We are partners on our upside-down home loan mortgage.
Brian's answer
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Answered on July 27, 2013
If only one of you files BK and you are both liable on the 2nd, it will be difficult to strip the lien completely because a discharge of the debt...
Archived
Bankruptcy Protection
Brian's answer
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Answered on July 27, 2013
No
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