Archived
My attorney filed for a homestead exemption for my home, but I do not currently live there because of work. Why did he do this?
Stuart's answer
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Answered on January 18, 2014
Unless your lawyer misunderstood your residential intentions, the homestead exemption only applies to where you actually live. Your temporary...
Archived
Chapter 13 Bankruptcy: Filing Motion to Dismiss vs Trustee Dismissal
Stuart's answer
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Answered on January 17, 2014
There is little, if any difference as to how the case is dismissed, except that if the court believes their has been some "mischief" on your part...
Archived
I moved to CA from NJ and will file Chap 7. What address do I use to fill out the forms and to whom/where do I send the forms?
Stuart's answer
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Answered on January 17, 2014
Venue for BK purposes is where you have resided for the past 6 months, San Francisco. However, whether or not you can use CA exemptions is another...
Archived
Can i add a unsecured property tax assessment to a discharged no asset chapter 7 bankruptcy
Stuart's answer
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Answered on January 16, 2014
Generally, debts/taxes owed to the government are not dischargeable even if you listed it originally. If you never owned the business which owes...
Archived
Community Debt after a Divorce. How do I get out of it?
Stuart's answer
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Answered on January 16, 2014
Why are you not asking your Chapter 13 lawyer these questions?
Archived
Can I appeal a judgement in a civil case if I filed bankruptcy because of the judgement because I couldn't pay?
Stuart's answer
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Answered on January 15, 2014
A chapter 7 will eliminate the debt but if the creditor recorded an abstract of the judgment and you own real estate in which you live, your BK...
Archived
Filed Ch. 7 with "0.00" as homestead exemp.; now need to amend to avoid a lien so I can sell the house.
Stuart's answer
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Answered on January 15, 2014
I take it you have lost confidence in your BK atty at this point? You will need to reopen your BK case and file a 522(f) motion to avoid the...
Archived
Bankruptcy, Short Sale, Negotiation?
Stuart's answer
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Answered on January 15, 2014
I respectfully disagree with my colleagues recommending a Chapter 13 since debtor's expenses exceed income by $1300/mo. I doubt any 13 could be...
Archived
How is a Variable 7 year Annuity treated in a Ca. Chap. 7 BK filing ? Buy with loan from
Ins. policy. Is this permissible ?
Stuart's answer
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Answered on January 13, 2014
Attys Jensen & Larkin are correct. In order for an annuity to be exemptible as a legitimate retirement vehicle, it needs to be examined carefully...
Selected as the best answer
Archived
If a default judgment is attained for unpaid school loans (which are not discharged in BK), can the DJ be discharged in BK?
Stuart's answer
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Answered on January 13, 2014
In my opinion, a judgment stating you must pay a student loan debt does not transform that student loan debt into a dischargeable debt in bankruptcy.
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