In GA, after filing for chapter 13 bankruptcy, can HOA charge any fees if all post petition dues are paid on time.
Brian's answer
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Answered on January 13, 2013
The answers to a couple more questions would be helpful:
1. How were the pre-petition dues/assessments handled in your Plan?
2. How did your...
Archived
Can the bankruptcy court take any potential severance package award from my employment discrimination matter?
Brian's answer
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Answered on January 13, 2013
The nice thing about Ch13s is that you get to keep all your assets. However, you must pay your unsecured creditors in a Ch13 as much as they would...
Archived
Are there requirements that need to be met in order for a Motion to Lift the Automatic Stay to be granted?
Brian's answer
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Answered on January 13, 2013
It is possible, but relatively rare, for your judge to go the extra mile and peruse the backup documentation looking for any flaw. All they need...
Archived
Can I appear and oppose a Motion to Lift the Automatic Stay even if I am not part of the debtor's Chapter 7 bankruptcy?
Brian's answer
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Answered on January 13, 2013
You would be wasting your time. Stay relief is routinely granted in Ch7s unless you can demonstrate the payments are current.
If you want to...
Archived
Am I considered a serial filer if my husband filed for bankruptcy first and I didn't at the time, but later on I had to?
Brian's answer
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Answered on January 13, 2013
No, you are not a serial filer; but it's very curious that the motion would say you are. It's also very curious that they would bother to file...
Archived
Can a chapter 13 payment plan be for 3 years with a 2nd mortgage lien strip ? Or does it have to be for 5 years?
Brian's answer
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Answered on January 12, 2013
If you're "below median income" your "applicable commitment period" is 3 years; but you can usually lower the monthly payments by dragging it out...
Archived
Do my small business expenses and income affect my personal Chapter 13 Bankruptcy?
Brian's answer
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Answered on January 12, 2013
My comments are based on my experience in the Southern District of California; but I'm going to go out on a limb, here, and tell you that once your...
Archived
How will my chap 13 affect my settlement, with the short time remaining before it is discharged.
Brian's answer
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Answered on January 12, 2013
The answer, here, could depend on whether you are in a 60-month Plan because that was your "applicable commitment period" (based on your income at...
Archived
What is the legal theory of converting a secured home loan into unsecured debt?
Brian's answer
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Answered on January 12, 2013
Hopefully, you're not "fighting your bank" in an Unlawful Detainer action (which means your home has already been foreclosed). What you may be...
Archived
In chapter 7 bankruptcy, can auto lender "Cross-collateralize" my auto loan with my credit cards. I like to keep car but not cc
Brian's answer
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Answered on January 11, 2013
In my experience, CUs don't generally try this anymore unless the car is worth more than what is owed on it. They would probably be OK with you...
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