Archived
In California chapter 7 using 704 homestead exemption, how much can a Husband & Wife take on their jointly owned home? 100k?
Stuart's answer
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Answered on January 31, 2014
Attys Rode and Brumer are correct. In addition, if your are over 65 years of age and/or disabled, the homestead exemption can be increased to $175K.
Archived
I want to reopen my Ch 7 BK case to do motion to avoid 2 judgement liens - the attorney forgot to do this.
Stuart's answer
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Answered on January 29, 2014
The short answer is "yes" but this is not a DIY project. Get your lawyer to do it at a reduced price (assuming you still have confidence in him)...
Archived
Can I petition to sell a surrendered property in Chapter 13 bankruptcy?
Stuart's answer
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Answered on January 29, 2014
There can be no sale in 20 days or ever UNLESS the mortgage lender was granted relief from the stay. If they were, your attorney can file a motion...
Archived
Is there a template form (whats the form number) to file an objection to a ch. 13 payback plan.
Stuart's answer
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Answered on January 29, 2014
Getting involved in making a Chapter 13 objection as not a DIY project. Get a qualified BK lawyer ASAP by clicking on the "Find a Lawyer" tab on...
Archived
In Chapter 13 Bankruptcy, does the IRS get paid before the mortgage or second mortgage?
Stuart's answer
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Answered on January 29, 2014
Secured debts paid thru the Plan enjoy a higher priority than IRS claims which are unsecured.
Archived
When filing a chapter 7 bankruptcy, I found some loans had been sold. Must list in the filing BOTH lenders?
Stuart's answer
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Answered on January 28, 2014
My fellow lawyers have accurately advised you what to do. I concur.
Archived
Good reason to file reply late?
Stuart's answer
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Answered on January 28, 2014
Much more information is needed to give you useful advice. Filing motions in BK is not a DIY project. Consult an AVVO BK lawyer by clicking on...
Archived
Bankruptcy 7 - ownership of a stock
Stuart's answer
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Answered on January 28, 2014
Am I correct that you disclosed the stock and its value? The corporation which issued the stock owns the RE with little equity? If the trustee...
Archived
Can sales taxes from a business be discharged? (state board of equalization)
Stuart's answer
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Answered on January 28, 2014
Tax debts owed to the government generally are not dischargeable.
Archived
How do we file (in pro se - BK attorney quit) to request the court to approve a loan mod while in Ch 13?
Stuart's answer
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Answered on January 28, 2014
Best advice I can give you is to click on the "Find a Lawyer" tab on the AVVO page and consult a BK lawyer ASAP. BK motions are not DIY projects. ...
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