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I am married, my house is in foreclosure process and I am overwhelmed by debt. What can be taken from me if I file bankruptcy?
Brian's answer
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Answered on May 14, 2013
You need to realize that if you file BK when you are married, ALL community assets must be disclosed AND your husband's income is included in the...
Archived
I went on the National Data to check status on my BK case. It says "about to complete-2 mos". What does that mean?
Brian's answer
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Answered on May 14, 2013
First, the good news: if your Plan was a 100% Plan or if your Applicable Commitment Period was 3 yrs, then your Plan is completing early.
But if...
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I've made 4 years of payments under Chap13. Now I'd like to bypass the trustee & discuss settlement with my creditors. May I?
Brian's answer
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Answered on May 13, 2013
You cannot get in trouble (legally) but any further advice is definitely going to be based on what percentage Plan you are in.
Archived
Borrow from 401K in active Ch13 plan
Brian's answer
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Answered on May 13, 2013
In my opinion, taking out a 401(k) "loan" is more like transferring money from a savings account to a checking account ... borrowing from yourself...
Archived
My credit report say Payment after charge off/collection
Settled - less than full balance i am a victim of identity theft
Brian's answer
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Answered on May 13, 2013
I agree with Mr Daymude ... but you might want to consider whether showing that the debt is paid may not actually be a positive entry.
Archived
Chapter 7 just got discharged. When do I give my car back to the lender?
Brian's answer
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Answered on May 12, 2013
The automatic stay has been lifted ... so the lender can come for the car any time.
Selected as the best answer
Archived
After discharge, our bank asks for shortsale before foreclosure. Is this legal?
Brian's answer
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Answered on May 12, 2013
While your personal responsibility to pay the mortgage has been discharged, they still have a lien on the property and are willing to release that...
Archived
Does a creditor who gets a decision described below still have to determine the dischargeability of the underlying debt or not?
Brian's answer
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Answered on May 12, 2013
If the motion to reopen is denied, it does NOT mean that the debt is not discharged. In fact, since, under Beezley the debt was discharged (unless...
Archived
What elements need be present in order for a bankruptcy trustee in California to void 7 years of transfers ?
Brian's answer
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Answered on May 12, 2013
BK Trustees can look back two years for any "fraudulent transfers" for which the debtor did not receive reasonably equivalent value. I've seen...
Archived
Can a credit card company attach a joint bank account for a past due amount owed by my wife.
Brian's answer
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Answered on May 12, 2013
Yes ... but they would, of course, have to sue her and obtain a judgment first.
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