Archived
I have a promissory note from my daughter and her soon to be ex. They filed bk in 2009; and I was not listed as a creditor.
Stuart's answer
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Answered on September 10, 2013
It appears you are an unsecured creditor who had actual knowledge of the filing. It also appears that you failed to perfect any security interest...
California sub-service of summons "deemed complete 10 days after mailing" - makes for a total of 10+30=40 days' time to respond?
Stuart's answer
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Answered on September 08, 2013
Your analysis of the response time is almost correct, (40 days, not 43) however, you cannot be properly served at an "old business address". You...
Archived
I case my bankruptcy 7 dismissed can i refile ?
Stuart's answer
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Answered on September 06, 2013
You can refile immediately unless your case is dismissed with a bar to refiling which sometimes happens to multiple filers, bad faith filers, etc. ...
Archived
While I am waiting for my discharge in Chapter 7 BK. am I still under the Stay protection from creditors?
Stuart's answer
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Answered on September 06, 2013
Atty Sinclair is right. Not only are you under the protection of the automatic stay now, when your discharge is entered the automatic stay is...
Archived
I received an Order Setting Status Conference on my chapter 13 case. Who do i send the supplemental declaration to?
Stuart's answer
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Answered on September 06, 2013
Do you know what to put into your declaration? If not, you should get local advice.
Archived
Chapter 7 Bankruptcy in process: Question about how court notifies creditors when discharged...
Stuart's answer
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Answered on September 06, 2013
If you have multiple accounts with the same creditor, the courts send one notice per address. If both accounts with the same creditor share the...
Archived
I have been giving 2 years to pay off my 130,000 restitution, and I make minimum wage, will I go to jail if I can't pay it off?
Stuart's answer
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Answered on September 05, 2013
Atty Whittaker has given you good advice.
Archived
Should a 65 year old widower carrying heavy debt whose wife was the breadwinner file for chapter 7 bankruptcy?
Stuart's answer
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Answered on September 05, 2013
In my opinion, unless he has sizeable assets, given his limited income, and the fact that the creditors cannot get any payment from his kids, what...
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Archived
Are the creditors receive the BK7 petition before the trustee meeting?
Stuart's answer
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Answered on September 05, 2013
The creditors only get the notice of filing which is mailed to them by the court at the address you provide. If they want more info than that,...
Archived
After filing bankruptcy, my previous landlord locked me out and took my possessions. Can I get my possessions back?
Stuart's answer
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Answered on September 05, 2013
I concur with the advice given by atty Busby and atty Riddle. The automatic stay has limited effect against a landlord with a judgment for...
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