Archived
After a chapter 7 discharge. If i felt like sending some cash to a creditor, could they use this to get me to pay off debt.
Guillermo's answer
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Answered on August 03, 2012
No. And unless that creditor is an insider or someone you truly care about, it would make no sense to pay them after they have been discharged...
Archived
A debt collection agency is sueing me and the server told me to call a pre-paid legal service. Can they help or is it a sham?
Guillermo's answer
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Answered on August 03, 2012
Warning. If they are not an attorney, don't waste your money. You will not survive the lawsuit and things will only get worse. See an attorney now...
Will repossession of a vehicle happen before or after CH 7 discharge in California if no reaffirmation agreement is signed?
Guillermo's answer
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Answered on August 03, 2012
First off, repo will only happen in very limited cases and with very few creditors. Last I knew, Ford and Chrysler and several credit unions were...
Archived
Chapter 13 payments
Guillermo's answer
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Answered on August 03, 2012
Your payment should be whatever disposable monthly income you have after all your reasonable living expenses are paid. You can always attempt to...
Archived
Should I keep paying credit card minimums when I plan to file for Chp 7 next month? If yes, I can't save enough for attorney fee
Guillermo's answer
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Answered on August 03, 2012
First is to stop incurring debt with those cards, second, hire your attorney and focus on paying them so you can get your credit cards discharged.
Archived
Which statute covers the wildcard exemption and can I exempt any personal property within its limits?
Guillermo's answer
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Answered on August 03, 2012
CCCP 703.140 is your wildcard. Protects anything up to approx. $23K. Add another roughly $4K for auto protection and you have $27K in assets you...
Archived
Can a debtor bring an adversarial proceeding to determine dischargability of debt against a claimant in a bankruptcy?
Guillermo's answer
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Answered on August 03, 2012
Your question doesn't lead me to conclude that you want to file an AP (Adversary Proceeding) against your creditor. It generally works the other...
Archived
Can the debt collectors in California try to collect on an unpaid loan even though 7 years have passed? They aren't suing me.
Guillermo's answer
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Answered on August 02, 2012
They can attempt to collect on a valid debt till the day you die (as long as they are not in violation of Rosenthal and FDCPA, among other...
Archived
I cannot pay all of bills I receive.
I've never missed mortgage payment,however,
some of credit cards are unpaid for 6 months.
Guillermo's answer
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Answered on August 02, 2012
Sounds like a Chapter 7 waiting to happen, but you need to consult a BK atty to make sure you pass all the tests. Stay current on your home and see...
Archived
Bankruptcy in california. how home equity much can senior citizen couple exempt? Is there an income requirement 4 exemption?
Guillermo's answer
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Answered on August 02, 2012
65 years or older or 55 and older without ability to work or disabled.
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