How is the homestead exemption applied to equity when there is joint tenancy ownership of property in Chapter 13 bankruptcy?
Brian's answer
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Answered on January 29, 2013
You would list your 1/2 interest in the property ($75,000 equity) and exempt it with your homestead exemption. (This cannot be done with community...
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If I have a payment plan will can Unemployment still take my tax return
Brian's answer
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Answered on January 29, 2013
If they follow the same rules as the IRS, they can intercept tax refunds of taxes paid prior to filing your BK to pay pre-filing obligations; but...
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If my nonconsumer debt is more than 51% of my total loans, I can file for chapter 7?
Brian's answer
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Answered on January 29, 2013
Well ... sort of. You may not be required to go through the means test (assuming your figures are as you say and there's no mortgage); but your...
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Hello. I'm in CA would like to know what I can expect to pay in total for filing a ch7 bk (from start to finish) also if I need
Brian's answer
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Answered on January 29, 2013
Mr Waters has told you all you need to know. I would only add that if you own a Corporation, many attorneys will charge you a little more than...
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Can bankruptcy be filed on a judgment (unsecured credit debt)?
Brian's answer
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Answered on January 28, 2013
To reiterate my prior response, yes ... a BK discharges all dischargeable debts whether they've already gone to judgment or not. As I said,...
Can an out of state lawyer (Florida and Ohio) represent me in Bankruptcy Court in California ?
Brian's answer
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Answered on January 28, 2013
Bankruptcy Court is a Federal Court. An attorney must be licensed in the State of California in order to be admitted to practice in the Federal...
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Can bankruptcy be filed on an a judgement (unsecured credit debt).
Brian's answer
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Answered on January 28, 2013
Yes ... but settlement may be the better way to go here; because even if she files by herself, your income must be included in the calculations...
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What options do my in-laws have that their property in foreclosure?
Brian's answer
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Answered on January 28, 2013
Please see prior answer to this question.
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2nd mortgage and filing chapter 7 or 13
Brian's answer
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Answered on January 28, 2013
Once you have been personally discharged of the debt to the 2nd in a Ch7, they can never come after you for the money. But they can go after the...
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Filed Chapter 7 Bankruptcy in California and was still sued by a discharged creditor in CA State Court!
Brian's answer
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Answered on January 28, 2013
The reason you have received contradicting answers on this question is that it sometimes depends on which judge you get. Generally, if the HOA...
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