Archived
Can't discharge fraud judgement in chapter 7 bankruptcy. But what about attorneys' fees I was ordered to pay?
Stuart's answer
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Answered on June 22, 2016
A creditor can file an objection to the discharge of its debt provided it can make out a case under 11 USC §523 or some other section. The fact...
Archived
(Amex debt collections lawsuit) Will Amex settle and allow payments to be made over time?
Stuart's answer
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Answered on June 21, 2016
I concur with my colleagues and add the following: If you don't have the assistance of an experienced debtor's rights lawyers, the AMEX lawyers...
Archived
(Using my income) how soon after I file, do the bankruptcy professionals begin to decide how much and WHICH of my bills to pay ?
Stuart's answer
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Answered on June 21, 2016
I want to help you and need you to know you are in deep water here. Virtually all non-lawyer assisted Chapter 13 cases are dismissed for...
Archived
What happens if a collections agency says they are just retained by a client and does not report to credit agencies?
Stuart's answer
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Answered on June 20, 2016
You need to contact a student loan lawyer/specialist. I recommend D.J. Rausa in San Diego. He is the best and takes cases in LA even though he is...
Archived
Adversarial Proceeding in a Chap 7 bankruptcy after the bk is closed.
Stuart's answer
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Answered on June 20, 2016
I believe only the BK court can adjudicate the fraudulent conveyance issue because it has an interest in the matter for the benefit of creditors,...
Archived
When drafting a payment agreement, are there restrictions on what the terms of the penalty for a late payment can be?
Stuart's answer
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Answered on June 18, 2016
A common formula for late charges is 6% of the payment amount. This number represents a reasonable cost for any extra effort associated with...
Archived
Can I use the official FRBP U.S. Bankruptcy Court "Amendment Cover Sheet" to delete a creditor from my Chapter 7 BK case ?
Stuart's answer
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Answered on June 18, 2016
If you paid the balance owed to this creditor w/i 90 days of filing or AFTER filing, I would not "delete" the creditor as the trustee may feel you...
Can the trustee find out I am recently married?
Stuart's answer
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Answered on June 17, 2016
More information is needed to give you useful advice. As stated by my colleagues, if you got married AFTER you filed, probably nothing in your...
Archived
Do creditors have to remove negative credit report on discharge of chapter 13
Stuart's answer
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Answered on June 16, 2016
The credit reporting agencies (CRA) are required to report accurate information. If your account has been discharged in a Chapter 13 case, the...
Want to file bankruptcy chapter 7 on my Welk timeshare. There is a note for purchase + maintenance HOA. What result? Discharged?
Stuart's answer
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Answered on June 16, 2016
A timeshare is considered a secured debt. Filing Chapter 7 will result in loss of the property and you will be legally excused from paying the...
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