In chapter 13, can I keep funds that come from being beneficiary on a life insurance policy? Will if effect my plan?
Brian's answer
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Answered on April 20, 2013
You are required to pay your unsecured creditors as much as they would have received if you had filed a Ch7. If your father passed away more than...
Archived
What does a bankruptcy trustee do exactly?
Brian's answer
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Answered on April 19, 2013
A Ch7 bankruptcy trustee administers Chapter 7 cases. His role is to determine whether there are assets to liquidate; to review claims of...
Archived
Is it easier to get a chapter 7 discharge than a chapter 13?
Brian's answer
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Answered on April 19, 2013
Way easier! ... assuming you qualify for Ch7.
Archived
Are variable annuities considered as exempt asset for chapter 13 bankruptcy in CA
Brian's answer
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Answered on April 19, 2013
Generally, investing in annuities after contributing the max to IRAs/401(k)s does not protect that cash from creditors. You can probably exempt...
Will a bankruptcy trustee know that I cashed a check at a check cashing place?
Brian's answer
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Answered on April 19, 2013
Probably not.
If you cashed this check before filing BK and did not spend the cash, then you no doubt listed the cash on your Schedule B and...
Archived
I have a case that has just been filed for dismissal on April 15, 2013 due to struggling to make payment. how do i get our of it
Brian's answer
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Answered on April 19, 2013
Mr Walton is correct. Dismissal is not a foregone conclusion ... you can object to the motion to dismiss, but you'll need an attorney to keep the...
Archived
Can a creditor (lumber company) refuse to do business with me after filing bankruptcy and discharging debt owed to them?
Brian's answer
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Answered on April 19, 2013
They can choose not to do business with you, but they are being foolish if they do ... since you can't file another Ch7 for 8 yrs. Why would they...
Archived
If you are 18 months into a chapter 13 plan that is on a 3 year plan and your income goes over median can they make you do 5yr
Brian's answer
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Answered on April 19, 2013
No ... the Applicable Commitment Period is based on your Current Monthly Income as presented on your B22 at the time of filing.
Chapter 7 Bankruptcy - What will make a trustee ask for bank statements? Should I automatically include bank statements
Brian's answer
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Answered on April 19, 2013
There is no need to automatically include bank statements. If you are self-employed, the Trustee may ask to see them to verify the gross receipts...
Archived
Already in chapter 13, husband became very ill, chapter 13 will be dismissed , dont want to lose our house what should we do
Brian's answer
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Answered on April 19, 2013
You can file another Ch13 and possibly propose lower monthly payments than what you were paying. But, if you cannot make your mortgage payments,...
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