Archived
My contractor with a L.L.C. took my payment after filed for bankruptcy. Will I be able to sue him for not completing the work?
Stuart's answer
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Answered on April 30, 2014
Were you listed as a creditor in the contractor's BK? It might be possible for you to get back your money by filing an adversary complaint in the...
Archived
If I was to sign the reaffirmation agreement, can I refinance after 2/3 yrs to eliminate this reaffirming debt?
Stuart's answer
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Answered on April 30, 2014
The best advice I can give you is the same offered by my colleagues. Get a competent lawyer to help you. BK is not a DIY program. Reaffirming a...
Can a bankruptcy Trustee sell a personal injury lawsuit "as is, where is" when the claim contains state law exemptions?
Stuart's answer
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Answered on April 29, 2014
Yes, provided you receive the amount of your exemption first. Any surplus money thereafter is property of the BK estate and will be disbursed to...
Archived
I was foreclosed 3 years ago. There was an interest only line of credit for 55,000 or so that I continued to pay after the sale.
Stuart's answer
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Answered on April 29, 2014
I think the money you are paying on the HELOC for the foreclosed house has been wasted. Stop paying them. Follow the advice of the other lawyers...
Archived
I'm considering having my car repossessed. I'm upside down in the car, can I discharge the deficiency in a BK chapter 13?
Stuart's answer
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Answered on April 28, 2014
The amt of the debt you can get rid of depends on your budget and the Means Test. Contact an AVVO lawyer in SD area by clicking on the "Find a...
Archived
Forms numbers for amending creditor list in chapter 7 bankruptcy filing
Stuart's answer
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Answered on April 25, 2014
If you are amending to ADD creditors, use the same schedules, commonly D, E, or F. If you are correcting the address or other details, use the...
Archived
What are the benefits to filing chapter 7 vs not filing at all?
Stuart's answer
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Answered on April 25, 2014
Filing a 7 will not eliminate your 2nd TD, but filing a Chapter 13 might. If you have a steady income, even if it is from part time work,...
Archived
Good morning, I'm filing a chp 13 to reduce my monthly payments for student loans and IRS and Ftb taxes,
Stuart's answer
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Answered on April 25, 2014
Generally, unsecured creditors are not paid interest in a Chapter 13 which calls for a monthly payment to the trustee. The size of the monthly...
Archived
Can a house that is in a family trust be forced into selling?
Stuart's answer
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Answered on April 23, 2014
More details are needed to give you useful advice. Based on what you asked, it is possible for a BK trustee to sell a house "owned" by a trust IF...
Archived
I was served summons on 7/16/2013, case filed with court on 6/13/2013.
Stuart's answer
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Answered on April 22, 2014
Since over 9 months have passed and the plaintiff has not filed a request for a default judgment, the court sets a date for an OSC re Sanctions to...
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