Archived
Can I obtain a certificate of credit counseling and file it with the bankruptcy court to be protect myself from legal action
Stuart's answer
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Answered on February 16, 2016
The short answer is "No" and I concur with my colleagues. If you are planning to file BK, get the help of an experienced lawyer. ...
Archived
Can I modify my Chapter 13 plan to include my 2015 taxes that are now due? If so, can I then file a claim on behalf of the IRS?
Stuart's answer
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Answered on February 16, 2016
I concur with my colleagues. If you have an atty, this is something to take up with him/her. If you don't have an atty, get one ASAP if only to...
Archived
Cal I serve a Summons in an adversarial proceeding in BK by regular USPS?
Stuart's answer
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Answered on February 16, 2016
You are right in thinking it seems too easy. Depending on who is being served, you may be required to serve the notices by certified mail. Any...
Archived
In a bankruptcy Adversarial Proceeding, when I file a First Amended Complaint can I add a new c/a and parties?
Stuart's answer
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Answered on February 16, 2016
If 5 BK attorneys have already opined that you may add a new CoA/parties to your adversary action, what is the purpose in getting a few more...
Archived
How simple or complicated is the following scenario when filing a chapter 7 bankruptcy? And how is the approval rate for such?
Stuart's answer
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Answered on February 15, 2016
You are asking for a complete review of your case. This is best done via a consultation with an experienced BK lawyer. Some of us offer a free...
Archived
Does information from your credit counseling course, that is required before filing Chapter 7, have any effect on your case?
Stuart's answer
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Answered on February 14, 2016
I agree with atty Taylor and add: BK is not a DIY project. Your credit counseling certificate is good for 6 months. At this point you have not...
Archived
Can my home be sold to meet debt not secured/how long do i have/
Stuart's answer
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Answered on February 11, 2016
Your question has too many "moving parts" to be adequately answered here. Click the Avvo tab "Find a Lawyer" in your area. Many of us offer a...
Archived
How do I go into bankruptcy? Do I qualify for it?
Stuart's answer
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Answered on February 10, 2016
Your facts strongly suggest you are "judgment proof". Don't waste your BK at this time.
Archived
Bankruptcy chapter 7. Wife and I put our home in irrevocable trust over 10 years ago. Are we protected? We have no interest
Stuart's answer
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Answered on February 10, 2016
More information is needed to give you useful advice. Who is the trustee? What is your relationship to the trustee? What is the value of the...
Archived
If a Creditor's identity is unknown, how do you list them, and how do you hold plan payments for them until you figure it out?
Stuart's answer
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Answered on February 10, 2016
Who is sending you the mortgage statements? If you list the mortgage "servicer" you should be OK. You can also search the County Recorder's...
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