Archived
Bankruptcy chapter 7 in CA. If I owe HOA back fees and file chapter 7, will be able to get rid of these fees but still keep hom
Stuart's answer
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Answered on May 15, 2015
You may be able to avoid the pre-petition arrearages IF they have not been recorded as a lien against the property. Any post-petition HoA dues are...
Archived
My lender has filed a motion for relief of automatic stay. Is there any thing thats i can use for my
Stuart's answer
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Answered on May 15, 2015
I concur with the advice offered by my colleagues. Bankruptcy court is there to assist debtors so even showing up to report the short sale status...
Archived
When can bankruptcy docs relating to 9/2008 Discharge & Final Decree be shredded &/or otherwise destroyed?
Stuart's answer
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Answered on May 15, 2015
I would keep paper copies of your discharge notice in case some creditor pops up and says you forgot to list them etc. Otherwise, scan your docs...
Archived
How long can the courts take to release tax exempt funds?
Stuart's answer
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Answered on May 14, 2015
Who is actually holding your funds? I doubt the court has them so the sheriff or the creditor has them. Once the judge signs your judgment, what...
How do we inform a bankruptcy trustee that we think the person filing for bankruptcy is hiding assets?
Stuart's answer
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Answered on May 12, 2015
Write a letter to the trustee and document your allegations with copies of records, etc. Bring a copy to the Meeting of Creditors in case the...
Archived
Suing car finance company ?
Stuart's answer
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Answered on May 11, 2015
If your facts are correctly stated, $1000 of the money you sent the creditor was not applied to your account. If the total contract was $4000...
Archived
After Filing Chapter 13, do I need to file a "Stay"
Stuart's answer
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Answered on May 11, 2015
I concur with my colleagues and add the following: In CA you can fill out a Judicial council form "Notice of Stay of Proceedings" (#CM-180). ...
Archived
How do I make a creditor correct wrong information on my credit report after Chapter 7 discharge?
Stuart's answer
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Answered on May 11, 2015
Your creditors have a legal duty to report accurate information on your credit report. After a BK discharge of the 2nd TD debt, reporting any...
Archived
Bankruptcy choices?
Stuart's answer
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Answered on May 09, 2015
I concur with my colleagues and strongly urge you to click the Avvo tab "Find a Lawyer" and take advantage of the free consultation many offer. ...
Archived
Can I still evict, if the debtor while filing for chapter 7 has not filled a certification and/or deposited upcoming rent?
Stuart's answer
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Answered on May 09, 2015
Even though it appears your pre-filing judgment for possession is not covered by the automatic stay, prudence is warranted by filing for an order...
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