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I may have to file bankrupcy, is it possible to keep one investment property and my primary residence. my investment property
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Answered on December 19, 2012
Yes. If your investment property is underwater and the equity in your residence does not exceed your homestead exemption (at least $75,000) it is...
Can we take a withdrawal from 401k during Chapter 13?
Brian's answer
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Answered on December 19, 2012
Under 11 USC 541(b)(7) your 401(k) never was part of the bankruptcy estate; and even if it were, it was revested with you upon confirmation of your...
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I am getting married to a Dominican man in the DR, we agree on a prenup, how do we obtain one that is legal in dual countries?
Brian's answer
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Answered on December 19, 2012
It's hard enough getting a pre-nup that's enforceable under attack in this country (not to mention 50 states) let alone two countries. The only...
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Slip and Fall injury and Ch 7 Bankruptcy
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Answered on December 18, 2012
No, it will not interfere with you filing for BK at all. You should list the cause of action in your BK Schedule B, but if the extent of your...
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Chapter 7 was discharged recently. Jeweler with un-reaffirmed secured debt is demanding I pay or return the items I purchased.
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Answered on December 18, 2012
The jeweler/creditor is pretty much out of luck at this point. They do have the right to recover the property (repossess) if they can, and you...
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I just found out I have a daughter. His mother is not allowing me to see him. How can I get visitation?
Brian's answer
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Answered on December 17, 2012
Just because you can do a thing doesn't mean you should.
Do you want this child to know that you are her biological father?
Are you prepared to...
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In Bankruptcy and receives a Refund Check for Overcharging
Brian's answer
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Answered on December 17, 2012
It's not going to make a difference (unless your Plan is paying unsecured creditors because of other non-exempt assets); but, just to be safe, you...
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Will I be liable after turning in the release of liability but the new owner does not do the change of ownership?
Brian's answer
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Answered on December 17, 2012
You will not be "responsible" but it will surely be your "problem" until the issue is resolved.
It's unclear why you directed this question to the...
Archived
My parents are being sued by Capital One credit card over an account that has been closed due to bankruptcy. What can he do?
Brian's answer
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Answered on December 17, 2012
Your question needs further clarification.
Whose BK closed the account? If your parents', how could Cap One be suing them on a discharged...
Archived
What are the tax consequences if I allow my condo to foreclose vice deed in lieu in year 2013?
Brian's answer
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Answered on December 16, 2012
One thing's for sure ... filing a bankruptcy before either of those events removes both loans from any risk of taxability. Assuming the property...
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