Archived
If in a payment plan with a credit card company's lawyer, can I still file bankruptcy later on down the road?
Brian's answer
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Answered on April 23, 2013
Yes. But it's generally useless to settle with one creditor if you're not going to settle with all of them. Most people who try that end up in BK...
Archived
Do i have to turn over my state tax refund to the trustee after my Ch 13 bankruptcy?
Brian's answer
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Answered on April 22, 2013
I don't know what "short sale turned auction and having to pay off the 2nd" means ... but your obligation, if any, to turn over your State tax...
Archived
How do i challenge the dischargeability of my debtor filing for bankruptcy
during the creditors meeting
Brian's answer
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Answered on April 22, 2013
You have to file an Adversary Proceeding to challenge the dischargeability of a debt ... you cannot do it at the Meeting of Creditors. However,...
Archived
If I'm filing bankruptcy and being sued for an unsecured loan, do I put it on Schedule D since they're seeking a judgement?
Brian's answer
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Answered on April 22, 2013
Attorney Rodriguez is correct. It's not a secured debt until a judgment is entered and an abstract of that judgment is recorded with the county...
Archived
I am the conservator of a missing person assumed deceased. Can I file chap 13 bankruptcy on his behalf - home loans in default.
Brian's answer
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Answered on April 22, 2013
You can file Ch13 yourself to stop the sale ... as long as you are on title, the home is part of the BK estate and, therefore, protected.
Selected as the best answer
If I file for bankruptcy day of sheriff lockout will it be called off even if they have already entered the property?
Brian's answer
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Answered on April 22, 2013
Most Sheriffs in CA will ignore a BK filing after the Eviction Order has been issued - because you no longer have even a possessory interest in the...
Archived
Can I quash Rule 2004 Motion (for BR 13) on grounds of pending litigation with creditor?
Brian's answer
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Answered on April 21, 2013
How can the pending litigation in another court be the basis for denial of a 2004 exam when the pending litigation is stayed by your BK?
Archived
Can I do a loan modification while in Ch 7?
Brian's answer
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Answered on April 20, 2013
That's up to the lender ... there's no law preventing it. But why not wait a few months 'til your Ch7 is done?
Archived
Pharmaceutical Company Settlement
Brian's answer
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Answered on April 20, 2013
Yes, the claim should have been listed on Schedule B when you filed your case and exempted to whatever extent possible on Schedule C. Yes, the...
Archived
I am 2 yrs into ch 13 bankruptcy and have an issue please someone have an answer!!!!
Brian's answer
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Answered on April 20, 2013
It is likely that you will have to pay 100% if you were on track to pay $21,000 but the total claims are only $18,000. I am surprised, though,...
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