Archived
Will I receive a 1099-A or 1099-C for my foreclosed property even though I filed bankrutpcy before they foreclosed?
Stuart's answer
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Answered on September 06, 2014
Your discharge in Chapter 7 BK "trumps" and offsets any "income" as a result of the lender's ultimate "loss" on its loan. Talk to your tax...
Archived
How can I get help with collections for an installment loan? $2600
Stuart's answer
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Answered on September 06, 2014
More information is needed to give you useful advice. When did you apply for the instalment loan? Before or after the BK? Why did you not know...
Archived
Should we wait until the person comes out of chapter 12 bankruptcy before filing a lawsuit for money he owes us on a contract?
Stuart's answer
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Answered on September 04, 2014
A chapter 12 BK is reserved for Family Farmer or Family Fisherman. These kinds of cases are relatively rare. Having said that, a Chapter 12 case...
Archived
I am a creditor who did not receive a Chapter 11/13 bankruptcy notice, is my debt still valid?
Stuart's answer
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Answered on September 04, 2014
Generally, my colleagues are correct. I would add that if your debtor's case was a "no asset" case, your debt might still be discharged in the BK...
Archived
Can my bank attach a credit card debt to my car reaffirmation agreement in bankruptcy?
Stuart's answer
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Answered on September 03, 2014
I concur with the comments of my colleagues. Remember, BK is not a DIY project. Hire/consult with a BK atty by clicking the AVVO tab "Find a...
Archived
Status Conference Report
Stuart's answer
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Answered on September 02, 2014
As a practical matter, I recommend that you file a Notice of Stay (Judicial Counsel Form #CM-180) and attach a copy of your BK notice to it. ...
Archived
Do I owned a property after the Trustee Sale?
This is their rental property, if that make any different.
Stuart's answer
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Answered on September 02, 2014
As stated by my colleague, even though the Trustee's Sale occurred prior to the BK, title to the property is not "perfected" until recordation of...
Archived
Property surrendered in Ch7 Bankruptcy - Who is responsible for the surrendered property after discharge?
Stuart's answer
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Answered on September 02, 2014
I concur with the advice given by my colleages, Hill and Elie. Sadly, you are on the hook for the postpetition HOA dues. Maybe you can negotiate...
Archived
Mortgage Discharged in Ch7 Bankruptcy - When does ownership revert to the Lender?
Stuart's answer
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Answered on August 31, 2014
I concur with atty Moher. As long as you are on title to the property, you are responsible for all the post-petition HOA dues. Vacating the...
Archived
I want to file a bankruptcy is my business protected?
Stuart's answer
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Answered on August 29, 2014
I concur with the advice offered by my colleagues. In addition, I add that BK is not a DIY project. Hire/consult with a BK atty by clicking the...
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