Archived
Do you lose your $100k homestead exemption upon a judg. creditor sheriff’s sale of a home following the filing for chapter 7.
Brian's answer
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Answered on June 11, 2013
Your facts are confusing. Are you saying a judgment creditor (other than a mortgage holder) did a judicial foreclosure on your home after you...
Archived
I filed a Ch. 7, BK in San Diego County, Ca., however the lien is still against my house.
Brian's answer
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Answered on June 11, 2013
You have been discharged of the debt ... but the judgment lien was not removed. The good news is: you simply have to reopen the case and "avoid"...
Archived
Filling out a US Dept. of Ed. hardship claim waiver itemizing my income & bills, I have a car valued @ $7,500 will they deny me?
Brian's answer
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Answered on June 11, 2013
They will not levy your car; but they may deny your request if selling the car could pay the loan. Then again, there's no way for us to answer...
I am in a chapter 13, I have a boat. Can I sell the boat and pay off new medical bills, not in chapter 13. My car has over 80m.
Brian's answer
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Answered on June 11, 2013
In my jurisdiction, the boat vested back with you when your Plan was confirmed and you would be free to sell it and do what you wish with the...
Archived
What will happen to my security deposit on my secured credit card in chapter 13
Brian's answer
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Answered on June 10, 2013
Cap One will likely close the account and they can use your deposit to offset whatever you owe them.
Any remaining will be returned to you; but...
Archived
Post bankruptcy credit issue..
Brian's answer
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Answered on June 10, 2013
That your payments are not being reported is not hurting your credit as much as you may think ... they're not reporting that you have all that debt...
Archived
Is it possible for one spouse to file a Chapter 13 using the non filing spouses income?
Brian's answer
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Answered on June 10, 2013
Not only is it possible ... it's required (if you live together).
Archived
Is there any way to keep the car my mom helped me buy when she files Chapter 7 bankruptcy?
Brian's answer
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Answered on June 10, 2013
You do not want to sell the car because the Trustee can reverse that transaction and you wouldn't be able to exempt ANY of it. Your 704 series...
Archived
Is it ok to use a credit card right after filing Chapter 7?
Brian's answer
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Answered on June 10, 2013
You can try ... but credit card companies get notice of BK filings whether scheduled or not so your card may already be cancelled. If it's...
Archived
If someone qualifies for chapter 13 then reduces monthly secured debt, what happens to extra disposable income?
Brian's answer
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Answered on June 09, 2013
You are mixing apples and oranges. The BK judge has no power over or input into the family court's calculation of appropriate child support. If...
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