Archived
Bankruptcy
Brian's answer
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Answered on March 31, 2013
Yes.
Brian Crozier Whitaker's Answers (2542)
San Diego, CA
Chapter 7 bankruptcy Lawyer at San Diego, CA
Practice Areas: Chapter 7 Bankruptcy, Chapter 13 Bankruptcy ... +4 more
Archived
Owe $21,000 in hoa fees. HOA's attorneys set hearing for final judgment for foreclosure. Just got Mod. Will chapter 13 help?
Brian's answer
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Answered on March 30, 2013
Absolutely. Even if your judge(s) in FL won't allow stripping HOA liens, the 2nd is probably strippable (assuming you owe more on the 1st than the...
Archived
Will a repossession show up on my credit report if I turn in my car after Chap. 7 discharge? I'm still making payments.
Brian's answer
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Answered on March 30, 2013
Probably not ... but that would be a pretty poor reason for keeping and paying more for a car than what it's worth.
Archived
In Washington State I'm the creditor/ex-spouse in a Chap. 13 and also defendant/creditor in the adversary case.
Brian's answer
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Answered on March 29, 2013
I think I understand what's going on here, to an extent; but more info is needed to give any meaningful advice. If there's a chance that the MSA...
Archived
Only $3000 Left on a 5 Year Chap. 13 plan and it was dismissed without notice, is it a positive on credit if I finish?
Brian's answer
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Answered on March 28, 2013
In my district, a trustee cannot dismiss a confirmed Plan without notice ... in fact, there has to be a hearing. Absolutely ... it is a positive...
Archived
Husband & I filed Ch 7 together; case still going on 5 years later. I divorced him. Can I "divorce" myself out of the BK?
Brian's answer
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Answered on March 28, 2013
It's possible that you have already received a Discharge of your debts and the Trustee is simply liquidating non-exempt assets. Any BK atty can...
Archived
Can we pay off a chapter 13 early, do we have to pay off the unsecured claimed debt??
Brian's answer
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Answered on March 28, 2013
As Ms Bunce has said, this will depend on the practice of the Trustees in your District; but if your Applicable Commitment Period was only 36...
Archived
Can I take my bankruptcy attorney to small claims court for legal malpractice due to balance of fees to intended beneficiary?
Brian's answer
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Answered on March 28, 2013
Small claims court does not usually deal with malpractice and other forms of negligence ... but it's possible. You were clearly given bad advice...
Archived
We are in a Chapter 13 and our lender did not pay for our Homeowner's Insurance (it has always been in escrow)
Brian's answer
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Answered on March 28, 2013
First, you need to reinstate the policy. Then, you can demand a reanalysis of your escrow account (it's probably paying your taxes as well). If...
Archived
Does a mother have rights to take xgirlfriend to small claims court on behalf of her son
Brian's answer
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Answered on March 28, 2013
His mother would not have standing to sue you for retrieval of his stuff unless she obtained his power of attorney to do so. It's probably just...
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