Archived
I am default on my corporation AMEX credit card but they took my social security now I am worry about my condo and wages
Stuart's answer
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Answered on January 11, 2014
It is important that you meet with an experienced BK lawyer ASAP to take steps to minimize or defeat any AMEX lawsuit. Friendly advice is often...
Archived
I am being sued for credit card debt. Will a chapter 7 bankruptcy remove this judgment
Stuart's answer
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Answered on January 11, 2014
The short answer is yes. Technically speaking, the judgment comes at the end of the lawsuit. Merely filing a lawsuit and serving copies of it on...
Archived
How long do I have to wait before I can file a chapter 7
Stuart's answer
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Answered on January 10, 2014
What you describe invites a discussion of California's fraudulent conveyance statute which my fellow attorney has adequately explained.
Archived
If home loan included long ago in chapter 7 bankruptcy & later debtor modifies loan, will that create personal liability again
Stuart's answer
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Answered on January 10, 2014
A loan modification of an existing post-petition mortgage does not create a new obligation. Obviously, a refinance would be new debt.
Archived
Should I file for bankruptcy, or wait to see what the outcome of the inevitable court hearing is?
Stuart's answer
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Answered on January 10, 2014
Many times, the timing of an intended bankruptcy filing is important. However, from the facts you provide you can delay the filing up to and...
In chapter 7, does lease assumption ever get filed with the court? I signed an assumption and then was told by Toyota doesn't
Stuart's answer
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Answered on January 09, 2014
A lease assumption does not get filed with the court because it is not a reaffirmation agreement. The reaffirmation agreement must be approved by...
Archived
Will I be responsible for the money not made at auction if a company wants to take the surrendered car under non bankruptcy law?
Stuart's answer
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Answered on January 08, 2014
No. If you carefully examine the paperwork you received about selling the car, you will find that it says the notice is being given pursuant to...
Archived
What is an Entry of Default?
Stuart's answer
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Answered on January 08, 2014
On a state court level, this notice is a precursor to entry of judgment. Since you filed BK after the commencement of the state court lawsuit,...
Archived
I have an incorporated business that I want to file bankruptcy for, am I liable for any of the business debts?
Stuart's answer
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Answered on January 08, 2014
Don't waste your time and money on filing bankruptcy for the business, just let it die.
Dangers for dismissing Chapter 13 case to sell property
Stuart's answer
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Answered on January 08, 2014
You have the right to dismiss your 13, but, as pointed out by others, there may be adverse consequences. What does your lawyer recommend?
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