My contractor filed bankruptcy under Chapter 13, can I still collect the money he owes me?
Brian's answer
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Answered on June 17, 2013
It will likely be discharged; but you should file the Proof of Claim in order to receive whatever percentage of his debts his Plan calls for him to...
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Are private student loans made BEFORE 2005 dischargeable in a chapter 7?
Brian's answer
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Answered on June 17, 2013
No - the 2005 Act applies whenever the loan was made.
Will a trustee in a Chapter 13 allow me to pay for my daughters wedding? I have an outstanding balance of $8,500 and it's soon.
Brian's answer
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Answered on June 17, 2013
It's unclear what you mean by "save enough money from the bankruptcy to pay for the wedding"?
Do you have to pay the $8,500 before the wedding can...
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COST OF LEGAL FEES TO FILE CHAPTER 13
Brian's answer
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Answered on June 17, 2013
By definition, the presumptively reasonable attorney fee for a consumer Ch13 in the Central District is $4,000. However, most attorneys will...
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In chapter 13 How should my attorney attack lift of bankruptcy stay for foreclosure by mortgage trust
Brian's answer
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Answered on June 17, 2013
It is unclear whether the motion for relief from stay has just been filed or has already been granted. Unfortunately, the reasons you propound for...
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My atty is charging me more and I have not even got the settlement yet. Can it be written off in my Chapter 7 case? Jannica
Brian's answer
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Answered on June 15, 2013
Yes ... unless you incur more debt knowing you're filing BK and (s)he objects to your discharge on that basis.
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What is the shortest possible eviction time in California?
Brian's answer
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Answered on June 15, 2013
Are you hoping to get a postponement just to give you a little more time to move out? or are you hoping to possibly save the house? If the latter,...
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In March, I allowed Kohl's Charge Card to make one payment over the phone on my account ( I never do that)...
Brian's answer
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Answered on June 15, 2013
Take the $97 check and check off the other $97 to experience.
Do you have other debts? Why did you ask this in the bankruptcy practice area?
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IF I OWE SOMEONE MONEY THAT IS IN CHAPTER 7 WILL THE TRUSTEE TRY AND FORCE ME TO PAY.
Brian's answer
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Answered on June 15, 2013
The amount that you owe should have been listed on debtor's Schedule B as an account receivable. To the extent that it was not exempted (up to...
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How much money will make it worthwhile for a bankruptcy trustee to go after creditors for payments given within 3mo b4 filing?
Brian's answer
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Answered on June 14, 2013
It depends on the Trustee ... some will go after virtually anything, and others won't touch anything under $5,000. But why do you care if the...
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