Got a notice of filing report of no distribution combined with order fixing deadline to object, what is a valid objection?
Brian's answer
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Answered on July 12, 2013
No.
You would need evidence that the debtor had undisclosed and non-exempt assets which the Trustee should be administering.
After we file out chapter 13, if we need to buy a new tv or new furniture , do we have to ask the court if we can do that?
Brian's answer
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Answered on July 11, 2013
You only need the Trustee's (and possibly the court's) permission to incur new debt. If you have the cash to buy something ... it's a free country.
Archived
Does Postponing/Rescheduling a Trustee's Sale Violate Automatic Stay Under Chapter 13 BK Filing?
Brian's answer
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Answered on July 11, 2013
Yes ... it's allowed. No ... it does not violate the automatic stay. They will continue to postpone it for approximately 30 days each time until...
Archived
If a person files ch7bankruptcy and discharges debt to attorneys and legal costs, can you claim an award of fees in court case.
Brian's answer
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Answered on July 10, 2013
To the extent the attorney fees awarded to him were for services rendered after the BK was filed, those fees were NOT discharged. To the extent he...
Archived
We filed an objection to a proof of claim in a chapter 13 case.
Brian's answer
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Answered on July 10, 2013
You should appear at the Hearing date and say "Thank you, your honor" when (s)he denies the claim.
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Archived
Legal Advice on Home was paid off in 2/12, I received a Full Reconveyance on property and now B of A has sent me a letter of int
Brian's answer
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Answered on July 10, 2013
Yes.
Archived
Is there a certain time period before a person files Chap 7 BK in which he could convert assets into exempt status ?
Brian's answer
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Answered on July 10, 2013
With your vehicle and wildcard exemptions, you can exempt approx $30,000. So unless you have substantial other assets you need to exempt, it...
Archived
Do I need a lawyer? Do I need to file an answer to a complaint?
Brian's answer
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Answered on July 10, 2013
No.
You did inherit the house; but you did not inherit the debt. I don't believe Florida allows deficiency judgments upon foreclosure; but even...
Archived
If you settle a credit account balance with the card bank for a lesser amount, is the amount you save considered as income by th
Brian's answer
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Answered on July 09, 2013
I would only add that if, after the cancellation of the debt, your debts still exceeded your assets, then you can be deemed to have been insolvent...
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A pending case is being kept open which is preventing me from purchasing renters insurance. What can I do? Can't lease apartment
Brian's answer
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Answered on July 08, 2013
What sort of "case" are you referring to? Have you been sued?
Why, exactly, is the "case" preventing you from obtaining renters insurance?
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