Archived
Daughter's Chap 13 Creditor seeks to collect $30,000 settled in Chap 13 plan from non-co-debtor 90 year old mother. Help Please?
Brian's answer
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Answered on August 09, 2018
If daughter has been in a confirmed Ch13 for two years, I have to assume she has an attorney representing her who is familiar with all the facts of...
Archived
What scheduled payment vs claimed amt?principle balance and principle paid mean
Brian's answer
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Answered on August 08, 2018
The scheduled payments are what you listed on your bankruptcy schedules D E & F.
The claimed amounts reflect the Proofs of Claim filed by those...
Can I be sued for a loan if I continue to make payments that are less than what is required?
Brian's answer
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Answered on August 07, 2018
If you haven't paid since 2015, it's apparent that they are not interested in repossessing the vehicle (probably because it's not worth it) -...
Archived
Can I file Chapter 7 immediately after chapter 13 has been dismissed?
Brian's answer
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Answered on August 07, 2018
Once your Ch13 is dismissed, the automatic stay is lifted and all creditors can pursue their claims against you. Vehicles can be repo'd and homes...
Archived
IIf a judgment is obtain one spouse, is it still legal to garnish the other?
Brian's answer
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Answered on August 07, 2018
Unfortunately, in community property states (such as Idaho), the wages of both spouses are community income and subject to garnishment by creditors...
Claw Back of Assets In Bankruptcy
Brian's answer
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Answered on August 01, 2018
If your Trustee decides to retrieve the "preference" payments you made within 90 days of filing the BK (within a year if the creditors are...
Archived
Can I voluntarily dismiss my chapter 13 case I just filed it last week but a lot has changed within the week and it looks like ?
Brian's answer
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Answered on July 25, 2018
If you just filed it last week (and, presumably without a lawyer) I suspect you did NOT file all the Schedules, the Plan, etc ... in which case, if...
What is the beth method to choose in Chapter 7 when your car is worth less than the exemption, but it's financed?
Brian's answer
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Answered on July 25, 2018
First ... the amount of the AZ exemption is completely irrelevant since you have no equity to exempt.
Second ... it would be foolish to pay...
Archived
Already in an active chapter13 l. My income has changed is it possible to get payment plan reduced?
Brian's answer
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Answered on July 25, 2018
If you are in an active Ch13, it is almost certain that you have an attorney representing you. We, here, cannot possibly give you a better answer...
Archived
Will buying a car after filing for Chapter 13 bankruptcy, but before approval by the court, give me problems?
Brian's answer
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Answered on July 25, 2018
If the money in your bank account is exempt under NC law, it doesn't matter what you do with it after you file a BK.
Just for the record, there's...
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