Archived
I went though a chapter 7 BK that was discharged in August 2012. My car wasnt part of it I wanted to keep the car....
Brian's answer
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Answered on May 08, 2013
Actually, the car WAS part of it. You have been discharged of that debt and they are not permitted to contact you to collect ... but they still...
Archived
NOTICE OF STAY due to bankruptcy in unlawful detainer - do I need to answer or file Notice of Stay?
Brian's answer
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Answered on May 08, 2013
Mr Daymude is correct. A first paper fee is not required; and assuming the landlord was scheduled and received notice of your BK, you do not need...
Archived
What can I do to handle this situation? I don't want to lose my things. Should I apply for bankruptcy or don't bother w/ them?
Brian's answer
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Answered on May 08, 2013
With only $3,000 in dischargeable debt, you are not a candidate for bankruptcy ... it would cost nearly half that to have an attorney take care of...
Archived
Chapter 7 tax question. If taxes are dischargeable, do I need to do anything Special in the petition to make that happen?
Brian's answer
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Answered on May 08, 2013
No - not really. If you list them on Schedule E, you should enter zero as the amount entitled to priority.
But if you don't, no harm done. If...
How to remove an abstract of judgment on my property after the judgment is discharged in chapter 7 bankruptcy court in Calif.
Brian's answer
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Answered on May 08, 2013
Unfortunately, I must respectfully disagree with a couple of my colleagues. While it is true that a lien recorded within 90 days of filing may be...
Archived
What is a mortgage charge off?
Brian's answer
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Answered on May 08, 2013
It sounds like your house is worth so much less than what you owed that when you received your personal discharge of that debt, they wrote off the...
Archived
In chapter 13; if we would sell our house before our bankruptcy is finished, what happens to the monies we might get for it?
Brian's answer
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Answered on May 07, 2013
You will need your Trustee's approval to sell the house and he will probably insist that you pay off your BK. There could be other problems,...
Archived
I have a wage garnishment at the sheriff against someone who is going to file bankruptcy are there exceptions?
Brian's answer
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Answered on May 07, 2013
Ms Cannella is correct. I would only add that your garnishment will have to stop if she files ... but can resume when the stay is lifted if you...
Archived
Sold my house in CA w/ enough equity to buy a home in GA for cash (76k). Sole provider for 2. Can I file ch.7 in in CA
Brian's answer
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Answered on May 07, 2013
Another option which hasn't been mentioned is to move to GA and file BK in CA within the first 3 months.
Assuming you lived in CA 2 yrs ago (the...
Archived
Notice of Sale - Chapter 7
Brian's answer
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Answered on May 07, 2013
You're OK. Don't confuse the BK Trustee's duty to notice his intent to sell with a Notice of (mortgagee's) Trustee's Sale which is a foreclosure.
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