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...
Archived
Married, but will file sole BK. Is wifes consumer cc debt, used when taking means test?
Stuart's answer
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Answered on June 07, 2013
Get a second opinion and ask the attorney if he/she will print out a copy of the Means Test and show you why or why not your Means Test is an...
Archived
What part of the HOA lien survives Chap 7 BK.. The face amount or anything they want to charge?
Stuart's answer
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Answered on June 07, 2013
Each case is unique, but with respect to HoA assessments, it is somewhat complicated. If the HoA obtains a judgment and records it against the...
Archived
Is it quite common for bankruptcy petitions to be dismissed? What are the leading causes for the dismissal?
Stuart's answer
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Answered on June 07, 2013
Any case can be dismissed especially if the debtor fails to comply with the rules, procedures, and practices of the court. If the court...
Archived
Confused on 90 day rule of thumb before filing BK? When should I stop making payments to creditors (credit card companies)
Stuart's answer
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Answered on June 07, 2013
If you are going to file Chapter 7, you should stop making payments immediately on all credit cards. You are throwing your money away by...
Archived
When legal separation is finalized, how do the debts end up getting paid off?
Stuart's answer
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Answered on June 07, 2013
Either of you can file BK and the unsecured creditors will receive little if anything. Too bad you both didn't file together before the divorce is...
Archived
I filed BK Chapter 7. I have 2 Collection cases pending. Do I need to file Notice to Stay Proceedings? If so, how can I file it?
Stuart's answer
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Answered on June 07, 2013
I believe in filing the Notice of Stay in the state court where each collection case is pending. You do not file the form with the bankruptcy...
Archived
Can I resolve Marin co. Ca court fees with a bankruptcy? Fees are 5yrs old and I am disabled with less than $900 Ssdi. Thanks
Stuart's answer
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Answered on June 07, 2013
The general rule is that debts owed to government are not dischargeable, but there are exceptions. For example, pure taxes are not dischargeable...
Can a creditor force me into bankruptcy
Stuart's answer
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Answered on June 06, 2013
You don't have to leave America for reasons of an unpaid judgment. Your subpoena is for a debtor's examination whereby a creditor can obtain a...
Archived
Husband passed away May 12, 2013. Have credit card debt, As authorized user on some cards. any way to avoid responsibility?
Stuart's answer
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Answered on June 06, 2013
You have raised several important questions. Bankruptcy is an option but I recommend you consult with or retain a good BK lawyer to help you. ...
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