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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...
Can a motion for relief from stay be granted after a debtor receives discharge?
Brian's answer
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Answered on February 08, 2013
If you already received your discharge, the stay was already lifted; so the lawyer who filed the Motion so late was simply gen'g fees. The court...
Archived
My lawyer did not show up and my hearing and I was forced to file my bankruptcy alone. Do I have reason to file a complaint?
Brian's answer
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Answered on February 08, 2013
It's extremely rare for an auto lender to want to repo a vehicle that's current on the payments just because you filed BK. You probably did not...
Archived
If my house is foreclosed at a trustee sale and bought by a 3rd party, how much time before I have to move?
Brian's answer
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Answered on February 07, 2013
The new owner (or the bank if they simply took it back) will first post a 3-day notice to quit. This is nothing to worry about ... it's just a...
Archived
Will Chapter 7 Bankcruptsy stop stipulation agreement between me and debt collection in California, will I get trouble in court
Brian's answer
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Answered on February 07, 2013
No ... you are not incurring any new debt - so it's not fraud. But why bother. You're not employed, so they can't garnish your wages. And if you...
Ex-spouse got awarded house in divorce and had to pay for it, but got foreclosed how will it impact me?
Brian's answer
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Answered on February 07, 2013
Hopefully you were not a co-debtor on a HELOC as well as the mortgage; but a foreclosing lender cannot come after you for any deficiency. You will...
Archived
I am engaged and have filed a Ch.13 in NC, when would be the earliest month to set for marrying without him being affected?
Brian's answer
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Answered on February 07, 2013
Your BK will not affect your husband's assets because, well, they're his assets and its your BK. However, while NC is not a community property...
Archived
UD summons and Chapter 7 Dismissal
Brian's answer
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Answered on February 07, 2013
Landlord still has to refile and reserve the UD because the prior filing was void (since it was in violation of the automatic stay). Tenant has...
Is earned income tax credit and child tax credit exempt from Chapter 13 bankruptcy in Pennsylvania?
Brian's answer
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Answered on February 06, 2013
The best source for an answer to this question, which you have already asked, is an experienced Ch13 bankruptcy attorney in the Middle District of...
Archived
Can my wife and I sell our home,keep the equity, but continue to finish paying on our Chapter 13, 5 year payment plan.
Brian's answer
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Answered on February 06, 2013
In the Southern District of California, the Trustee would want you to pay off your Plan in order for him to agree to the sale. I don't know about VA.
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