Archived
I have 2 vehicles used as collateral on loans discharge in bankruptcy in June 2017 how can I get them to pick them up
?
Brian's answer
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Answered on May 21, 2018
Regarding the pickup without a transmission, there is no requirement that they come and "pick it up" ... why would they? You have been discharged...
Archived
Can my brothers banker tell him who I owe and how much?
Brian's answer
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Answered on May 18, 2018
Mr Caldwell is right.
In addition, your brother, as a co-debtor, should have been listed in your Schedules and would himself have been notified...
Archived
Can I file chapter 13 after I filed chapter seven 4years ago?
Brian's answer
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Answered on May 17, 2018
Yes - as long as it's at least 4 yrs from when your Ch7 was filed.
Archived
Can a joint UD judgement be dismissed in bankruptcy when only one spouse filed as separated. Is other spouse dismissed as well?
Brian's answer
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Answered on May 13, 2018
Only the spouse filing will receive a discharge of the judgment; but you cannot go after community property or income from the other. If they are...
Archived
Are hold over damages and court costs in a judgement be discharged. Do property damages are dischargeable?
Brian's answer
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Answered on May 12, 2018
In CA, all dischargeable debts will be discharged in a no-asset Ch7 ... whether they were listed or not.
Your only option would be to file an...
Archived
I want to file Ch 13 Bankruptcy Ch 13 for my personal shop. Does it affect the guarantor on my lease?
Brian's answer
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Answered on May 12, 2018
You can only file Ch13 for yourself, personally - not for a business entity.
If it is a sole proprietorship, then your personal Ch13 BK would give...
Archived
Filed a chapter 13 w/100% repayment, assets involved. home was in foreclosure, atty got a modification. Can I withdraw?
Brian's answer
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Answered on May 11, 2018
What your attorney (or whoever told you you can't withdraw) meant was that you can't withdraw and expect to keep your home (unless you have another...
Archived
My former husband and I filed chapter 7 in 2011 we are now divorced can I file a chapter 13
?
Brian's answer
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Answered on May 11, 2018
Yes, you can file a Ch13 any time; but if you want to receive a discharge of the debts you are unable to pay in your Ch13, it has to be filed at...
Archived
What is the process to get rid of college debt with “undue hardship”?
Brian's answer
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Answered on May 10, 2018
The process is to file bankruptcy and then file an Adversary Proceeding to determine that the loans are dischargeable based on undue hardship. ...
Archived
My parents filed for a chapter 13 one of the cars they have in the bankruptcy we pay for can we trade it in?
Brian's answer
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Answered on May 10, 2018
Yes - with the court's approval ... which should not be difficult if the car was not dealt with in their plan.
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