Archived
Does a debtor in chapter 7 bankruptcy in California have a right to switch from 703 to 704 exemptions if trustee thinks equity?
Benjamin's answer
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Answered on July 14, 2015
Yes, you are free to amend your schedule C at any time to use the other set of exemptions to protect the equity in your home.
Chapter 7 means test. Will a leased car help the same as a financed car would help to get me qualified? ownership expense, etc.?
Benjamin's answer
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Answered on July 14, 2015
A leased vehicle will be treated the same as a financed vehicle on the means test. However, if you under median income, you will not need to...
Archived
I filed chapter 7 and received a discharge in Jan 2015. A creditor recently sent me a medical bill for treatment in 2013
Benjamin's answer
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Answered on July 14, 2015
If your case was a "no asset case", meaning that none of your property was liquidated to repay your creditors, then the inadvertently omitted debt...
How would I make voluntary payments to a creditor after a Chapter 7 discharge?
Benjamin's answer
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Answered on July 14, 2015
Bankruptcy will remove the legal obligation to pay a debt, not the moral obligation. If you feel that you want to continue to pay back a debt after...
Archived
How do I file for bankruptcy for credit cards?
Benjamin's answer
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Answered on May 08, 2015
Armando, with just the info that you have provided I can tell you that your case would be an "easy" one. If you are making $1,900 per month, you...
Archived
I'm declaring Chapter 7. I can't afford legal representation. I've got my pre filing certs. I'm doing my petition.
Benjamin's answer
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Answered on April 06, 2015
If you are unable to afford proper legal representation, I would suggest that you go visit a free bankruptcy clinic. I believe the closest one to...
Archived
What happens at the meeting of CH 7 BK creditors?iF i ATTEND WHAT IS THE PURPOSE?
Benjamin's answer
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Answered on March 18, 2015
Were you drunk when you wrote this question? You have not provided any information. Are you a creditor? What is your objection? Do you know of...
Archived
Can I "cancel" a BK Petition and refile at a later date?
Benjamin's answer
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Answered on March 18, 2015
There is no absolute right to a voluntary dismissal in a Chapter 7 Case. You will have to file a motion to dismiss which could be contested. If...
Archived
I have a trailer that I dont want. If I file Chapter 13 bankruptcy can I give it back and not pay any money on it?
Benjamin's answer
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Answered on February 24, 2015
You can surrender the trailer through the bankruptcy and any deficiency will tacked on to your general unsecured debt. The Creditor will then be...
Archived
Bankruptcy 90 rule
Benjamin's answer
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Answered on February 17, 2015
A debt resulting from an EDD overpayment IS dischargeable. You will want to list the debt under Schedule E and list $0 as entitled to priority. I...
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