Archived
What is the time frame for a shortened notice of motion in a bankruptcy matter for relief from stay? Isit less than the 21 days
Stuart's answer
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Answered on September 04, 2015
I concur with my colleagues and add: it appears you are representing yourself. Bad idea. If you are stuck on procedural questions, I can tell...
Archived
IN a Chapter 13 BK, are debts also discharged or
Stuart's answer
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Answered on September 03, 2015
Whatever unsecured debt is still owed after you complete your 13 is discharged.
Archived
In what court can a motion to lift BK stay be filed if the first filed action was in a US Dist Court and the 2nd
Stuart's answer
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Answered on September 03, 2015
The best advice I can give you is to click the Avvo tab "Find a Lawyer" in your area. Many give a free consultation and case analysis.
Archived
Can I get a fee waiver in a BK 13 case if I am sking for a st to be lifted?
Stuart's answer
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Answered on September 03, 2015
I concur with my colleagues. Fee waivers are for those who are so broke, they cannot even afford the filing fee for BK. In order to apply for a...
Archived
Ocwen notified me of receiving my ch. 7 discharge & said I am no longer liable for loan repayment, but lien remains. Now what?
Stuart's answer
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Answered on September 02, 2015
The promissory note is discharged by the BK, but the mortgage lien survives. As said by my colleagues, if you want to walk away from the house,...
Archived
What can I claim in Chap 7
Stuart's answer
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Answered on September 02, 2015
The general rule is debts owed to the local, state, federal government are not dischargeable, but there are exceptions. Click the Avvo tab "Find a...
Archived
If a person is being sued as a rico defendant in federal case are their assets protected under Chapter 13 BK?
Stuart's answer
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Answered on September 02, 2015
As part of the bankruptcy filing, an automatic stay is created as soon as a case number is generated by CM/ECF. The automatic stay prevents any...
Is there a legal way to protect a future inheritance from student loan debt?
Stuart's answer
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Answered on September 02, 2015
More information is needed to give you useful advice. How much is your expected inheritance? What is your estimated receipt date? Is the...
Archived
Bankruptcy question about credit counseling certificate
Stuart's answer
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Answered on September 01, 2015
Probably nothing. If the clerk notices something wrong with your paperwork, you will be notified and given 14 days to make the corrections. If...
Bank of America issued a 1099 for discharge of debt to me, but refuses to update credit report as it still shows outstanding?
Stuart's answer
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Answered on September 01, 2015
1. Get a copy of your credit report from the "Big 3": Experian, TransUnion, Equifax. 2. Dispute every negative item. 3. Demand verification...
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