Archived
My husband passed away in March and his daughter is the beneficiery of his IRA annuity. What can I do?
Mitchell's answer
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Answered on July 21, 2009
Insurance is a contract. The named beneficiary in the insurance contract is entitled to the
proceeds of the insurance. The only exception would be...
Archived
If real estate was in husband and wifes name is it part of husbands estate at his death?
Mitchell's answer
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Answered on July 21, 2009
The answer to this question depends on the vesting on the deed.
If it was joint tenants, the joint tenant named in the deed automatically...
Archived
If I marry before my Chapter 7 Bankruptcy is final, will my new wife's property, i.e. home, be in danger of any liens or loss?
Mitchell's answer
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Answered on July 20, 2009
The relevant date is the filing date.
All debts listed and in existence as of the filing
will be discharged.
Your wife will have no liability...
Archived
If unemployment is my only income, can I file Chapter 7? Can that be garnished as part of settlement?
Mitchell's answer
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Answered on July 20, 2009
Unemployment income is no bar to filing Chapter 7.
Once you file Chapter 7 it will stop any garnishment.
Archived
Can my husband and I keep our two autos if my husband is the only one to file chapter 7 bankruptcy in Louisiana?
Mitchell's answer
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Answered on July 20, 2009
Yes, you should be able to keep the autos.
The one that has a lien is not a problem.
You will just have to reaffirm and keep paying the...
Archived
In 2005, my husband and I filed chapter 7 because of a 11,000 judgement that we received. The debts were discharged as planned.
Mitchell's answer
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Answered on July 20, 2009
You should hire an attorney to reopen the case.
Once the case is reopened, you can add the old judgment.
Archived
Chapter 7 bankrptcy discharged in March 2005. Company I worked for closed. I only have Unemployment Income soon to run out Help
Mitchell's answer
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Answered on July 20, 2009
Sorry to say, no CH 7 for you until the 8 year period expires.
If you had a a regular job you might qualify for a 13.
But with no job a 13 is out.
Archived
Arrears on HOA dues, 1st and 2nd Morgages discharged in CH 7?
Mitchell's answer
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Answered on July 20, 2009
If you are willing to give up the condo, you can discharge the debt.
Including the HOA. As to when you have to move, that is dependent
upon how...
Archived
What happens when a condo is foreclosed on in AZ? Also, can the 1st or 2nd mortgage holder come after me for the deficiency?
Mitchell's answer
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Answered on July 20, 2009
Arizona has anti - deficiency statutes for residential property.
But they do not apply to home equity lines that were taken
out subsequent to...
Archived
OK. CA short sale/foreclosure question.
Need help with 1st and 2nd; should I go short sale or foreclosure?
Mitchell's answer
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Answered on July 20, 2009
Yes... the second will have that right.
However, unlikely that the 2nd will even approve the short sale.
But if they do, they will want you to...
