Archived
If the landlord were to claim damages against me after I file and move out, will that be post-petition debt?
Bert's answer
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Answered on September 20, 2017
Your pre-petition debts will be determined as of the date of filing. If you are planning to move out of your residence and you move out before...
Can a bank trustee claim funds of a lawsuit settlement that was filed over two years after the bankruptcy discharge?
Bert's answer
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Answered on August 22, 2017
The short answer is yes. However, you many be able to protect some or all of the settlements funds which you receive.
You will need to consult...
Archived
Can servicing rights transfer 3 years after 1099c issued?
Bert's answer
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Answered on July 27, 2017
I agree with comments from the other attorneys below. Remember the discharge only affects the rights of the lender if you walk away from the...
Archived
Can I get my garnishment waived?
Bert's answer
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Answered on February 14, 2017
The answer depends on if the garnishment against your son is now paid in full. If it is paid in full they can not garnish against you. I suspect...
Archived
Chapter 7 filing
Bert's answer
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Answered on February 14, 2017
You may refile immediately unless the court set a bar on refiling.
Archived
Can I pay the arrearage on my mortgage after receiving a Relieve From Automatic Stay and keep my Chapter 13 going?
Bert's answer
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Answered on February 07, 2017
It is possible. However, you must take immediate action to workout an arrangement with your creditor. Remember bankruptcy law there to protect...
Archived
How do I convert an order in bankruptcy court into a judgment?
Bert's answer
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Answered on July 31, 2014
When you say that you got an order, do you mean that the judge made a ruling in open court? If so, then you must lodge an order for the judge to...
My husband is declaring bankrupcy and he is an authorized user on my credit cards. What do I do.
Bert's answer
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Answered on July 31, 2014
If you live in California and were married while the debts was incurred, then you both have liability on the credit card. Therefore, you husband...
Can my lien holder repossess my car after the discharge of chapter 7 bankruptcy?
Bert's answer
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Answered on July 31, 2014
Think of your car loan like a home mortgage. The lender has two types of rights aganist you:
1. The right to collect the payments. (similar to...
Archived
Possible in chapter 7 bankruptcy to discharge old taxes where IRS filed a substitute return? Talking about 2004-2007 taxes.
Bert's answer
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Answered on July 22, 2014
I am pleased to see you are doing your research. The tax transcripts will indeed be helpful in sorting out the situation and determining the...