If my husband and i live in california can just one of us file Bankruptcy or do both of us have to file?
Stuart's answer
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Answered on September 26, 2017
Either of you can file w/o the other. That said, why do you ask? Joint debts will survive a BK by one of the debtors, leaving the non-BK spouse...
If I own my home and my only income is disability, could I lose either due to a lawsuit??
Stuart's answer
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Answered on September 21, 2017
More information is needed to give you useful advice. What is the value of the home? How much are the liens against it? What is your age? Are...
Archived
If the landlord were to claim damages against me after I file and move out, will that be post-petition debt?
Stuart's answer
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Answered on September 20, 2017
Your security deposit is not intended for rent. It's for damages to the property. Any rent you owe before the BK would be discharged. What ever...
Archived
Do you include your total mortgage in chapter 13 bankruptcy?
Stuart's answer
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Answered on September 19, 2017
Clarification is needed but we are not in possession of all the facts. That said, yes, you must disclose all your debt including your mortgage. ...
Archived
Which effects your credit more in a Chapter 13 bankruptcy - dismissal (paying creditors directly) or discharge?
Stuart's answer
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Answered on September 18, 2017
Your BK will remain on your credit report for as long as 10 years. It makes no difference if the BK is paid off early or not.
Archived
Will my bankruptcy in California be published in the local newspaper?
Stuart's answer
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Answered on September 17, 2017
You bankruptcy is an item of public record and most of your information can be obtained electronically from the Bankruptcy court. That said, I am...
How is pre-petition and post-petition debt/rent determined in a chapter 7 bankruptcy case?
Stuart's answer
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Answered on September 13, 2017
Pre-petition rent is rent due before you file. Post-petition rent is rent accruing after you file. In your example, the rent from 10/1/17 to the...
Can i keep my home and car if i convert from chapter 13 to chapter 7 ?
Stuart's answer
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Answered on September 13, 2017
It depends on the amount of equity, if any, in your home and car. More information is needed to give you useful advice. What does your attorney...
Archived
Can my ex still receive 30% of my pension if I file bankruptcy?
Stuart's answer
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Answered on September 12, 2017
My colleagues are correct. BK will not affect your ex-wife's right to 30% of your pension benefit. The only way to change that is to convince the...
Archived
Help or advice in taking my dismissed BK off of my credit report?
Stuart's answer
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Answered on September 12, 2017
I agree with my colleagues and add the following: You have the right to add a "consumer statement" to each of your credit reports. In 100 words...
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