Archived
Student Loan Adv. Proceeding: What laws allow the student to collect attorneys fee, etc. from creditors? And seal case records?
Stuart's answer
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Answered on November 18, 2013
Atty Berkus is correct, your atty fees are not recoverable. Look at it this way: 1. You are now somewhat of an "expert" in this field; 2. By...
Archived
Can I fill out proof of service of document?
Stuart's answer
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Answered on November 18, 2013
All Proofs of Service should be signed by someone over age 18 who is not a "party" to the case.
Archived
In bankruptcy, for the means test and for form 6i, is early withdrawal from an IRA considered as income?
Stuart's answer
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Answered on November 17, 2013
It is like withdrawing money from your savings account, not income, but the IRA account is an asset which you can fully exempt under most...
Archived
Discharged bk7 3/2010 reopened case 9/26/13 and approved by court. what do I do next. reopened due to a judgment 8/2012
Stuart's answer
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Answered on November 17, 2013
File a motion to avoid judgment lien pursuant to 11 USC §522(f). You will need an appraisal of your property, copy of the recorded judgment,...
Archived
In California, when a husband and wife are legally separated, and the husband makes major credit card purchases
Stuart's answer
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Answered on November 16, 2013
Usually, CC companies pursue the applicant. If they cannot legally collect from the husband due to his BK, they might look to the wife. If the...
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Archived
How long should wait after bk to lease a car
Stuart's answer
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Answered on November 16, 2013
It's really up to the leasing company and their specific policies. Apply now and see what happens. Good luck.
Archived
California chapter 7 bankruptcy. Can the 704 automobile exemption be split among different vehicles? In other words, 2,1400 cars
Stuart's answer
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Answered on November 13, 2013
Attorneys Chen and Whittaker are correct on the exemption flexibility.
Archived
What will happen to the mortgage loan I have with my mom in a Chapter 7 bk?
Stuart's answer
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Answered on November 13, 2013
You don't want to reaffirm your mortgage, just keep making the payments. If, at some time in the future, you qualify for a refi, the lack of a...
Archived
Can I file for Bankruptcy if I hold joint title in an inherited property?
Stuart's answer
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Answered on November 13, 2013
More information is needed to give you useful advice. [removed]
I am confirmed in a bk chapter 13 and the trustee said my payments are due on the 13th of every month
Stuart's answer
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Answered on November 12, 2013
Call your trustee's office to see what is their "grace period". Good luck and congratulations on getting your pro se Plan confirmed!
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