Archived
Do I have to go back to BK court and amend my papers to let them know I no longer live at my property and I am renting it?
Stuart's answer
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Answered on January 28, 2014
At your meeting of creditors, the trustee will ask you if there are any changes you need to make in your paperwork. Tell the trustee about the...
Archived
Co-borrower filed for BK in 2010 and I filed for BK in 2013. Is anyone liable for the mortgage debt? I plan to keep home.
Stuart's answer
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Answered on January 27, 2014
Having your personal obligation to pay pursuant to the terms of the promissory note discharged does not mean you can keep the house. The mortgage...
Archived
Looking into Chapter 13, question on one of my debts
Stuart's answer
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Answered on January 27, 2014
The seller of the vacuum probably retained a purchase money security interest in the vac. If you don't pay for it, it can be repossessed, but you...
Archived
HOW TO OBTAIN A LIST (COPY) ON FEDERAL CODE EXEMPTIONS 704 CHAPTER 7?
Stuart's answer
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Answered on January 27, 2014
Click on this link: www.apeopleschoice.com/bankruptcy/exemptions.html. Good luck.
Can mortgage company reaffirm debt without the co-borrower on the affirmation agreement?
Stuart's answer
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Answered on January 27, 2014
Since the co-borrower is not in BK, that name is unnecessary on the reaffirmation. If you fail to reaffirm the mortgage and keep making the...
Archived
I signed as a guarantor to my niece's student loans and I need legal advice to make her pay her student loans as she is 32.
Stuart's answer
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Answered on January 26, 2014
One way to "make her pay" is to sue her and get a court judgment and execute on her assets, if she has any. You can wait until the lender sues you...
Archived
I am currently in Bankruptcy and I am the primary borrower on my and also the sole person on title.
Stuart's answer
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Answered on January 26, 2014
You cannot remove his interest in the property via BK, but, as pointed out by others, a refinance might remove him from the loan. If he is "on...
Archived
I filed my form B23 and certificate late, but before the case was closed. The clerk neglected to scan the forms.
Stuart's answer
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Answered on January 25, 2014
Here is the link to the Central District Bankruptcy Court Forms: http://www.cacb.uscourts.gov/forms.
Good luck.
Archived
Is a non matured 7 year Annuity exempt in Chap. 7 Calif. Bankruptcy ? If so under what code number? Is it similar to IRA's & 401
Stuart's answer
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Answered on January 25, 2014
You only need to use your wildcard exemption on any excess cash value life insurance beyond the existing limit ($14K or so). You don't use the...
Archived
If a no distribution is filed by the bankruptcy trustee after a bankruptcy was reopened is that sufficient evidence that an
Stuart's answer
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Answered on January 25, 2014
Lay in the "weeds" until your discharge is entered.
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