Questions answered by Brian Crozier Whitaker

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I have a deed sale scheduled in 2 weeks. My condo is not under water.

Brian's answer | Answered on June 05, 2013

Talking to the Ch7 Trustee would be a waste of time ... unless he's an attorney, is friendly, and has some free time to give you free advice. A...

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I am filing a Chapter 13, wondering if future pay increases or extra disposable income is paid to the trustee ?

Brian's answer | Answered on June 04, 2013

Mr Markus is correct. In the Southern District, tax refunds, etc, are paid to the Trustee IF the Plan calls for it (which is not most of the...

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Filed Chapt 13 in 2010. My atty won't answer my calls since he now longer does bankruptcy.

Brian's answer | Answered on June 04, 2013

The Scheduled Amounts are simply what you listed on your Schedules when you filed your case (as amended). If the percent to be paid is zero, then...

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Is our Bankruptcy attorney properly handling our case?

Brian's answer | Answered on June 04, 2013

What you're describing is not uncommon and is usually due to claims coming in higher than anticipated. If you have paid all your disposable income...

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I FILED BANKRUTCY IN NOVEMBER 2012 - IT WAS DISCHARGED IN MAY OF 2013 - MY PAYROLL IS HOLDING MONIES THAT BELONG TO ME - HOW CAN

Brian's answer | Answered on June 03, 2013

The short answer is that, depending on your judge, an Adversary Proceeding is what is required to order turnover of the funds. But it seems...

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I filed for chapter 13 but didn't understand the payments so I didn't pay on my homes so can they take it away and how much tim

Brian's answer | Answered on June 03, 2013

There are still ways to save your home; but, please, retain an attorney ... you cannot do this on your own.

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Already filed Chapter 7 BK. Filing w/out a lawyer. Have 2 collection cases pending. Has car loan and opted to retain.

Brian's answer | Answered on June 03, 2013

The collection cases are stopped ... you do not need to answer them. Unless your car loan is with Ford or certain credit unions, you'll likely be...

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Am I entitled to reinvestment of his inheritance?

Brian's answer | Answered on June 02, 2013

When you acquired the investment property, it was community property; but he would be entitled to a reimbursement of whatever inheritance money was...

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If I claim bankruptcy and simultaneously/after open a sole proprietor business will the estate attack my business?

Brian's answer | Answered on June 02, 2013

There's really no difference between your assets and assets of your sole proprietorship ... a sole proprietorship is not a separate legal entity. ...

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What if you get a substitution of trustee and full reconveyance after filing bankruptcy? We still pay our monthly montgage paym

Brian's answer | Answered on June 01, 2013

If the property has truly been reconveyed to you ... maybe you should stop making those mortgage payments.

Brian Crozier Whitaker's Answers (2542)

I have a deed sale scheduled in 2 weeks. My condo is not under water.

I am filing a Chapter 13, wondering if future pay increases or extra disposable income is paid to the trustee ?

Filed Chapt 13 in 2010. My atty won't answer my calls since he now longer does bankruptcy.

Is our Bankruptcy attorney properly handling our case?

I FILED BANKRUTCY IN NOVEMBER 2012 - IT WAS DISCHARGED IN MAY OF 2013 - MY PAYROLL IS HOLDING MONIES THAT BELONG TO ME - HOW CAN

I filed for chapter 13 but didn't understand the payments so I didn't pay on my homes so can they take it away and how much tim

Already filed Chapter 7 BK. Filing w/out a lawyer. Have 2 collection cases pending. Has car loan and opted to retain.

Am I entitled to reinvestment of his inheritance?

If I claim bankruptcy and simultaneously/after open a sole proprietor business will the estate attack my business?

What if you get a substitution of trustee and full reconveyance after filing bankruptcy? We still pay our monthly montgage paym