Archived
If I filed a joint Chapter 13 and gave the non-exempt land to the trustee how would my monthly payments then be calculated?
Brian's answer
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Answered on April 14, 2010
Here's an even better angle: How about you sell the land yourself, and then convert the cash into an exempt asset? For example: Put the money...
Archived
Had a chaton facebook with a 19 yr old that later claimed to be 16 'there was no plan to meet up and i dhave a completely cleang
Brian's answer
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Answered on April 14, 2010
If you did not know, and had no reasonable way of knowing, that this 16 years old was a 16-year old, then you've done no wrong.
What made this...
Archived
Can we keep our home when converting a Chap 13 to a Chap 7 due to being laid off?
Brian's answer
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Answered on April 14, 2010
You certainly can keep your house. If you are current on the 1st and 2nd loans, you should be fine.
The interesting part is whether you were...
Archived
Can I file Bankruptcy to save my house?
Brian's answer
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Answered on April 14, 2010
What a strange tale! Sounds like it is a shady debt collecction outfit that is trying to get you to sign over the house, not the bank.
If...
Archived
Will I be contacted to reaffirm my car lease?
Brian's answer
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Answered on April 14, 2010
If you already filed for BK, and then bought your 05 Taurus AFTER filing for BK, then this is a post-petition obligation, and will NOT be...
Archived
Bifurcation, divorce and bankruptcy....
Brian's answer
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Answered on April 14, 2010
I'm a BK lawyer, not a NJ divorce lawyer. But it would clearly be the New Jersey divorce court that orders a bifurcation, not the BK court. ...
Archived
I would like to foreclose on my property. What do I need to know to protect myself about deficiency judgmt and tax recupercions?
Brian's answer
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Answered on April 14, 2010
After the foreclosure, you will certainly be hit with a 1099-C (forgiveness of debt). I always advise folks to talk with a good tax advisor about...
Archived
Can I be sued for a deficiency judgement?
Brian's answer
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Answered on April 14, 2010
Mr. Shirdal is totally right. The main issue is whether the loan is purchase money (and hence non-recourse under CA law), or a subsequent re-fi or...
Archived
Do I need a real estate attorney?
Brian's answer
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Answered on April 14, 2010
To answer your question, yes, you need a real estate attorney.
You should NOT give the shady company a $2,500 check, that sounds totally...
Archived
Short sale on rental property with 1st loan and 2nd a HELOAN?
Brian's answer
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Answered on April 14, 2010
If you are proceeding towards a short sale/foreclosure, then the best course of action would be to stop paying both loans. You could stop paying...
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