I want to file chapter 7 Bankruptcy, but I will be shipping to army boot camp soon; what happens if I am unable to attend court?
Timothy's answer
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Answered on January 27, 2010
If you are unable to attend your bankruptcy hearing, the trustee and judge do have the option of dismissing your case. However, judges and...
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Is there any advantages or disadvantages to filing bankruptcy jointly with a spouse (as opposed to seperately)?
Timothy's answer
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Answered on January 27, 2010
Generally, the advantage is to file jointly with your spouse. Filing separately is two separate bankruptcy cases entirely, which means two...
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Can a mortgage servicer act and claim to be a debt collector when the mortgae loan has always and is current?
Timothy's answer
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Answered on January 27, 2010
It's probably not unlawful for them to contact you in this manner, it's just bad customer relations to do so. If you want to stop the...
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Would this be an appropriate case for bankruptcy?
Timothy's answer
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Answered on January 27, 2010
Yes, it sounds like the debt is not a qualified department of education backed student loan, which means it should be dischargeable in bankruptcy. ...
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If a non judicial foreclosure takes place, is the borrower still responsible for a second mortgage on that property?
Timothy's answer
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Answered on January 26, 2010
Typically yes. A foreclosure on the first mortgage does not satisfy the second, and the second lender can still go after the money owed under the...
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How do I prove in bankruptcy that the money I received from relative was loaned to me?
Timothy's answer
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Answered on January 26, 2010
Repaying a relative (or any creditor) while not repaying other creditors is called a "preference." The bankruptcy trustee could go after the money...
Collection Agency attempting to collect a debt thats over 5 years old do I still have to pay?
Timothy's answer
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Answered on January 26, 2010
The statute of limitations for breach of written contract in California is 4 years. If you haven't made a payment in over 4 years, there is no...
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My business partner is filing chapter 7 personally. How will this affect the debts the corporation owes.
Timothy's answer
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Answered on January 26, 2010
Your business partner's individual bankruptcy does not discharge debts of the corporation. The corporation is not filing bankruptcy (I assume), so...
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The bank is offering Deed in Lieu of Foreclosure.
Timothy's answer
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Answered on January 25, 2010
If you are planning to do a bankruptcy anyway, that is probably the best way to get the property back to the lender. You don't want the lender to...
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Is there any way to get a cancelled credit card expunged from my credit score?
Timothy's answer
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Answered on January 25, 2010
An account showing as "paid/never late" should not adversely affect your credit score. To answer your question directly, it may be difficult, but...
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