Archived
We had a terrible bankruptcy attorney. He has to reopen a case, should that really take over a month just to reopen?
Stuart's answer
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Answered on August 29, 2014
The time to successfully reopen your case depends on several factors: (1) When did the atty file the motion? (2) When did the atty get the order...
Is there a way to expedite a Chapter 13 discharge after filing the Certificate of Compliance?
Stuart's answer
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Answered on August 29, 2014
Sadly, you are pretty much stuck with the bureaucracy built into the system. The trustee probably has a backlog of cases and you will have to wait...
Bankruptcy attorney isn't doing his job. We've already paid him. What do we do?
Stuart's answer
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Answered on August 27, 2014
In my 38 years as a BK atty, I always regret hearing about the misdeeds, mistakes, and failures of one of my colleagues. The good news is, you ...
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Archived
Am I liable for a default judgement that wasn't included as a judgement, but was listed as a original creditor?
Stuart's answer
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Answered on August 26, 2014
As stated by my colleagues, if your BK was a "no asset" case meaning that after taking all your legal exemptions, there was nothing left over for...
Archived
If I missed a few payments and I want to keep my car in a Chapter 7, can I force the lender to allow me to redeem the car?
Stuart's answer
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Answered on August 25, 2014
What does your attorney say? In a Chapter 7, you have 3 options re secured debts: (1) surrender; (2) reaffirm the balance and keep making...
Archived
Should i file bankruptcy?
Stuart's answer
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Answered on August 25, 2014
More information is needed to give you useful advice. You may be judgment proof if your home is being foreclosed and if there is little or no...
When you file chapter 13 does the debt continue to accrue interest?
Stuart's answer
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Answered on August 24, 2014
The specific terms of your Chapter 13 Plan will depend on an analysis of your budget. Most of the time, no interest is paid to unsecured...
Archived
Bankruptcy: If Both Partners In A California Couple Were Intending To File Bankruptcy Separately, Would Marrying Help Or Hurt?
Stuart's answer
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Answered on August 21, 2014
I concur with my colleagues and remind you that BK is not a DIY project. Hire/consult with a BK atty by clicking the AVVO tab "Find a Lawyer". ...
Archived
Bankruptcy Trustee - has direct access to homeland security customs declaration i filled out when i entered country from abroad?
Stuart's answer
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Answered on August 20, 2014
I concur with my colleagues. Since 1976, I have never had a trustee make this kind of request. Is there some reason the trustee's antennae will...
Archived
Unexempt stock in Chapter 7 Bankruptcy
Stuart's answer
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Answered on August 20, 2014
In my opinion, you can negotiate with the trustee as to the amount you should turn over to him/her. I recommend getting a tax advisor to sign a...
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