Bankruptcy california using 704 exemptions. Can husband and wife ever split the exemption? What if we both own a cheap car?
Stuart's answer
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Answered on May 29, 2013
You cannot split exemption systems between spouses. However, 703 exemptions provide for a generous
"wildcard" of $25K plus a separate vehicle...
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Post bankruptcy foreclosure credit reporting
Stuart's answer
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Answered on May 29, 2013
Since this is a rental unit, have you been receiving rent during this time? If so, who cares Chase sat on it this long? Your credit score will be...
Archived
Where do i obtain a ...Exemption from the enforcement of judgments form? Then who to i send it to etc.? For the items a sheriff
Stuart's answer
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Answered on May 28, 2013
I agree with the excellent and thorough advice provided by my colleagues. You should consider filing a Homestead on any real property you owe. A...
Archived
Do you have to sell your mortgaged home if you file bankruptcy?
Stuart's answer
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Answered on May 28, 2013
Generally, you can keep your home while in bankruptcy because bankruptcy laws and rules allow debtors exemptions for homeowner equity. The...
Archived
Filing BK 7. Only secured debt Honda Civic 2009 (car). On time in payment. Want to keep it. Pls. advise action to take.
Stuart's answer
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Answered on May 28, 2013
The lender will stop sending you statements, but will resume the statements on condition you reaffirm the debt. When you file your case you will...
Archived
I just received an order setting status conference and it noted the judge retired or changed divisions is this why I got this
Stuart's answer
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Answered on May 28, 2013
I didn't see a question in your post. Please restate what it is you are asking.
Archived
My debt was bought. New debtor says to write out check to original creditor. Is this correct?
Stuart's answer
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Answered on May 28, 2013
When your original creditor went BK, the assets of that creditor belong to the trustee assigned to the case. It appears that unless the trustee...
Archived
Does a trustee have standing to sue on behalf of a creditor whose claim is unliquidated and has no fixed value?
Stuart's answer
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Answered on May 27, 2013
10th Circuit said Trustee had no standing to assert avoidance claim against a creditor's pre-petition claim against debtor: The 2007 ruling was: ...
Archived
I am filing Chapter 7 BK. I have checking/savings account joint with my daughter? Will this be taken by the trustee/creditors ?
Stuart's answer
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Answered on May 24, 2013
No, because you can claim these funds as being exempt under CCP §703. The amount in the accounts at the time of filing is what counts. The joint...
My credit report says my wife's student loan debt was discharged in our bankruptcy two years ago. Is this possible?
Stuart's answer
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Answered on May 23, 2013
A credit report showing a creditor charged off an account is not the same as not owing the debt. Generally, student loans are not discharged in BK...
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