Archived
Can a deputy Sheriff call you and give you a court date then put a warrant out for you to secure an appearance in court?
Brian's answer
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Answered on July 08, 2013
It is not a requirement that you default on your debts before filing bankruptcy; but logic suggests that you should stop paying on them once you've...
Archived
Refinance while in CH 13.
Brian's answer
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Answered on July 08, 2013
Yes, you can ... but you'll need approval from the court. Have your attorney file a motion for permission to refinance, attach a description of...
Archived
Can I include my tax debt in a Chapter 7 bankruptcy?
Brian's answer
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Answered on July 08, 2013
If you filed jointly, you are each responsible for all the taxes owed; and if they are for tax years '12 or '11 or '10, neither of you will be...
Archived
Do I have to be served according to civil court procedure? Or do creditors have special privileges?
Brian's answer
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Answered on July 08, 2013
No special privileges. But debt will be discharged whether judgment or not.
Archived
Being sued after chapter 7 in 2009
Brian's answer
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Answered on July 08, 2013
You could hire a BK atty to go after them (perhaps on contingency) for sanctions for willfully violating the discharge injunction.
Or, you could...
Archived
Do I have to file a REAFIRMATION AGREEMENT.even if my bankrupsy did not go through?
Brian's answer
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Answered on July 07, 2013
If your BK did not go through, everything should be as it was before you filed ... a ReAff would be irrelevant. Ask them, in writing to resume...
Archived
Can a credit card company file a civil suit to collect debt via the mail; or do they have to serve you just like any civil suit?
Brian's answer
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Answered on July 07, 2013
No special privileges ... but even if they do sue you and get a judgment, it will likely be discharged in your BK.
Archived
Requesting wage assign for year's worth of unpaid childcare by NCP. What can I do about this going forward?
Brian's answer
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Answered on July 07, 2013
Short answer ... No - you cannot garnish for the cost of childcare which has not yet been received.
I know it's a pain; but are you sending...
Archived
I am $30,000. in credit card debt.
Brian's answer
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Answered on July 07, 2013
It is very curious that after 23 yrs of marriage in CA and no job, you would not be awarded spousal support. If you have equity in your home, you...
Archived
Chpt13
Brian's answer
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Answered on July 06, 2013
If the house in in what is typically referred to as a living trust (and many are) of course you can file BK.
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