Archived
Do you lose your $100k homestead exemption upon a judg. creditor sheriff’s sale of a home following the filing for chapter 7.
Stuart's answer
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Answered on June 11, 2013
In my opinion, if you recorded a homestead exemption claiming $100K of equity and then file BK, you must also file an exemption under BK rules.
Archived
I filed a Ch. 7, BK in San Diego County, Ca., however the lien is still against my house.
Stuart's answer
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Answered on June 11, 2013
If you had the assistance of an experienced bankruptcy attorney, you would have been informed that a recorded abstract of judgment survives your...
Archived
40 days have passed on Cross-Complaint, Can I file request for Entry of Default Judgement?
Stuart's answer
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Answered on June 11, 2013
This does not appear to be a BK question. However, I agree with fellow counsel that your Answer and Cross-complaint should be filed as separate...
Archived
Filling out a US Dept. of Ed. hardship claim waiver itemizing my income & bills, I have a car valued @ $7,500 will they deny me?
Stuart's answer
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Answered on June 11, 2013
This does not appear to be a BK related question. If I am mistaken, I offer the following information: The CA bankruptcy exemptions allow a...
Archived
Post bankruptcy credit issue..
Stuart's answer
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Answered on June 10, 2013
Your anger is misplaced. Eventually, the loan payments will be reported but until then, simply keep making the payments. The benefits of getting...
Archived
Does the trustee have the standing to sue my girlfriend for MORE than the total amount claimed by all the creditors?
Stuart's answer
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Answered on June 10, 2013
I take it you are the Chapter 7 debtor and you are the one who made the transfers to your girlfriend over the past 4 years. As the recipient of...
Archived
Why do I see judgments when my Bankruptcy was discharged?
Stuart's answer
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Answered on June 09, 2013
You should also make sure that neither of the judgments were recorded because if you owned real estate, even with no equity, the judgment liens...
Archived
MY WIFE JUST FILED A BANKRUPTCY AND WERE DENIED THE STAY NOW AS THE HUSBAND I MUST FILE A CHAPTER 13 THE OWNER IS TRYING TO
Stuart's answer
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Answered on June 08, 2013
You're using conflicting terms: You and your wife are the "owners" not some third party trying to "steal" your property. It appears you purchased...
Archived
If I filed a chapter 13 and it was dismissed can my fiance' file a chapter 13 once the stay was lifted. In order to save our hom
Stuart's answer
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Answered on June 08, 2013
If your fiance is on title and if the case was not dismissed with a 180 day bar, and if there is no impediment to a new filing on the same...
Archived
How likely is a credit card discharge denied by creditor, for paying federal income taxes back in April of this year?
Stuart's answer
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Answered on June 08, 2013
Tax debts are generally non-dischargeable. If tax debts are paid with credit cards, the creditor will note that in the file because that portion...
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