Archived
Advice on pursuing a loan modification in lieu of a foreclosure as a requirement of relieving an automatic stay?
Brian's answer
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Answered on December 30, 2012
If there is a hearing, you or your attorney must have obtained that hearing date and filed an objection to the motion. Based on the rhetoric of...
Archived
Is it suggested to have an attorney present at a relief from automatic stay hearing?
Brian's answer
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Answered on December 30, 2012
The answer really depends on whether you are in a Ch7 or Ch13. If you are in a Ch13, yes ... you should probably have an attorney to negotiate an...
Archived
What happens to the default judgment and the defendant files for bankruptcy?
Brian's answer
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Answered on December 28, 2012
The debt will be discharged (whether there is a judgment or not) unless the plaintiff successfully argues that the debt was incurred by defrauding...
Archived
Went to bankruptcy chapter 7 hearing today. I exempted my pending auto accident case using 704 system. Trustee still asked lot
Brian's answer
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Answered on December 27, 2012
The 704 exemption scheme has the capacity to exempt a greater amount than the 703 because there is no limit as long as you can demonstrate that it...
Archived
How can I find a divorce attorney while being in chapter 13 bankruptcy?
Brian's answer
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Answered on December 25, 2012
One answer to your question is 'The Yellow Pages' ... but I suspect that's not what you're really asking. It's unclear to me whether you are in...
I have become homeless and have outstanding debt and medical bills around 10k, can i file a bankruptcy, pending WC settlement?
Brian's answer
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Answered on December 23, 2012
All good advice by the others; but to answer your question ... No, you do not have to wait for your settlement to file BK. In fact, if you are...
Archived
How long does a person have to re open a Bankruptcy case? A friend owes me $7800 and he's threating to re open it and add me.
Brian's answer
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Answered on December 21, 2012
Your friend's debt to you was discharged in his no-asset (presumed) BK whether you were scheduled or not. Your only recourse would be to reopen...
Archived
My ex gave a title to my vehicle as collateral to his friend for a loan. I didn't realize he did that until our divorce.
Brian's answer
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Answered on December 20, 2012
1. You cannot create a security interest in someone else's vehicle just because you were able to obtain the title ... so I assume his name was on...
Archived
I have filed chapter 13 bankruptcy but not on my home equity loan. they want to settle for a lesser amount. will this affect me?
Brian's answer
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Answered on December 20, 2012
I agree with Ms Bunce's comment, but we really do need more info. How, exactly, did you "not" file "on your home equity loan"? If that debt was...
Archived
Bankruptcy verses burglary.
How does a BK trustee, lawyer, insurer, judge, etc value things?
Brian's answer
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Answered on December 20, 2012
Your issue is with your insurance company ... the bankruptcy section can't offer much help. I wonder if your policy really does say "new...
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