Archived
My question is about filing suit against a non claimant creditor while in a Chapter 13 Bankruptcy Plan.
Brian's answer
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Answered on February 08, 2013
You do not need the BK court's permission to file a lawsuit for post-petition behavior any more than you need its permission to apply for a job or...
Archived
Arbitration award and judgment contain no information other than the amount owed. Can this amount be discharged in bankruptcy?
Brian's answer
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Answered on February 08, 2013
If the arbitration award did not mention the bases for the damages, then it will not be "res judicata" meaning the issue will be re-litigated in BK...
If I file chapter 7 bankruptcy separate from my wife, can her engagement ring be taken to pay the debts?
Brian's answer
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Answered on February 08, 2013
Oddly, and atypically, this question has generated some incorrect (imho) statements of the law; so let me just throw out my versions:
1. the ring...
Selected as the best answer
Archived
Can I discharge a judgement (credit card debt) if I file bankruptcy?
Brian's answer
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Answered on February 08, 2013
Yes. But if creditor records his judgment with the county recorder, you may have to pay a little extra to have that lien removed.
Archived
Can I object to a proposed order in bankruptcy court and if so, how much time do I have to object?
Brian's answer
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Answered on February 08, 2013
You asked this before and the answer is the same. Why would you bother objecting to an order lifting a stay which had already been lifted?
Archived
After bankruptcy in CA, are we responsible for any taxes on a foreclosed home?
Brian's answer
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Answered on February 08, 2013
No.
What does it mean balance on hand
Brian's answer
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Answered on February 08, 2013
It's the amount of money your Trustee has (from your payments) that he has not yet distributed.
Archived
What are the chances of opening up my Bankruptcy and reaffirming my car loan?
Brian's answer
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Answered on February 08, 2013
It is possible to reopen a closed BK for the purpose of filing a ReAff; but the creditor would need to go along and the Motions can get complicated...
Archived
TAX REFUND TO BK TRUSTEE?
Brian's answer
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Answered on February 08, 2013
Your Trustee's attitude may be that you are entitled to the refund now and, therefore, it should go into the pot. However, if you can get the case...
Archived
I filed Bankruptcy. On my BK paperwork page entitled "Schedule C-Property Claimed as Exempt" my car loan is included.
Brian's answer
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Answered on February 08, 2013
No ... your Schedule C means that whatever equity you have in the car is being exempted from the reach of the Trustee; i.e., he can't take it to...
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