Archived
I need to reopen my discharged bankruptcy. Will the trustee give me an opportunity to explain why I am doing this?
Stephen's answer
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Answered on November 07, 2011
You should consult with a competent attorney in your area.
If the claim arose prior to the filing of your bankruptcy, the proper course would be...
Archived
Summary Judgement in Bankruptcy - Texas
Stephen's answer
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Answered on November 07, 2011
Once judgment has been entered, the creditor needs to obtain a writ to attach any of your assets.
The three most common types of writs include:...
Archived
Will I be liable for a deficiency judgement after filing chapter 7 if my home forecloses after filing and judgment is complete?
Stephen's answer
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Answered on November 02, 2011
The only way you would remain personally liable on the mortgage incurred prior to the filing of y our bankruptcy is if you reaffirm the debt. A...
Archived
In the event that the Trustee abandons an underwater house back to the debtor in a Chapter 7, when can the creditor foreclose?
Stephen's answer
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Answered on October 31, 2011
The bank has to first obtain relief from the automatic stay prior to resuming/commencing any foreclosure preceding on realty you are on title...
Archived
WILL I BE ABLE TO USE FILING FEE FROM CH 13 DISMISSAL TOWARDS CH 7 FILING FEE
Stephen's answer
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Answered on October 27, 2011
All new filings require a filing fee absent a fee waiver from the court.
You pay a small fee when you convert from a 13 to a chapter 7 however...
Archived
What can I do if a bankruptcy lawyer gave me incorrect advice leading to the reposession of my car?
Stephen's answer
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Answered on October 27, 2011
Unfortunately, filing bankruptcy without an attorney is like walking through mine field blind folded.
Unless you had equity in your vehicle...
Archived
Am I responsible for my parents bankruptcy chapter 7 or chapter 13 payments if they stop making the monthly payments?
Stephen's answer
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Answered on October 27, 2011
The letter from your father's attorney does not add up.
You should take the letter and consult with a reputable attorney near you.
Creditors...
Archived
I am being sued for an overdrawn Bank of America account. How can I defend it?
Stephen's answer
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Answered on October 27, 2011
You should consult with a local attorney who can review any potential defenses you may be able to raise when you file your answer. If you do not...
Archived
Can a car loan be discharged without having a car to surrender to the creditor.
Stephen's answer
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Answered on October 27, 2011
I have come across this issue quite a few times in my years of practice. In most of these cases, as long as the debtor was cooperative, the bank...
Archived
Father is sick cant pay for both vehicles turned one of them in what can they do to him
Stephen's answer
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Answered on October 27, 2011
When a bank repossesses a vehicle it will be sold at auction. The proceeds from the auction are applied to the costs to repossess the vehicle,...
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