Questions answered by Neil Evan Schwartz

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Can my dad help fund my chapter 13 plan?

Neil's answer | Answered on March 21, 2016

Yes, but bear in mind the trustee will need something in writing. Some trustees will have an issue since they can easily decide to stop making...

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Can we file bankruptcy after a injury settlement

Neil's answer | Answered on March 21, 2016

You can file a bankruptcy but you must lists any and all assets to which you have a right. This can include, but is not limited to settlements that...

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Seller won't move out after short sale close escrow and she is in bankcrucy.

Neil's answer | Answered on February 21, 2016

Bankruptcy would not protect the seller in this instance as she no longer owns the real estate. You would not be precluded from evicting her....

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For Ch. 13 bankruptcy, about how much above our mortgage pymt will we have to pay each month?

Neil's answer | Answered on January 23, 2016

That is a very specific question that differs depending upon where its filed. I would recommend that you enlist the help of a good local bankruptcy...

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Can someone place a lien on my home property while I am in an active bankruptcy. My bankruptcy has recently been filed.

Neil's answer | Answered on January 23, 2016

They can not place a lien against your house. It would be a violation of the automatic stay. Many of my clients mix up a lien vs. a judgement. If...

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What is the cost or filing fee for chapter 7 bankruptcy in California? Can the fee be waived for any reason?

Neil's answer | Answered on January 23, 2016

I agree with my colleagues and would add that it is practice in several areas that when you retain an attorney they will not allow for a fee...

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Do I have to notify ANYONE again about the past due child support and alimony he still owes (that was listed in the Chapter 13)

Neil's answer | Answered on December 25, 2015

notify the trustee. If you are a creditor you have the trustee's information from the notice that told you about the filing. The trustee will...

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Should we file for chapter 13 bankruptcy?

Neil's answer | Answered on December 25, 2015

Maybe this is the bankruptcy attorney in me not wanting to lose a potential case, but I never recommend filing a debt negotiation for several...

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Can I file these amended forms with the Clerk's Office or do they need to be notarized first? Anything I need to do in addition?

Neil's answer | Answered on December 25, 2015

you are talking about the 1015-2. You must file it, and amended schedule C. Sign the amendment cover sheet, and file it with the bankruptcy court....

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I filed for a chapter 7 and the judge granted the relief from stay motion. I want to keep my house. Will ch 13 help?

Neil's answer | Answered on December 06, 2015

If the motion has been granted converting to a chapter 13 will not help. Once it is granted it can not be ungranted by converting.

Neil Evan Schwartz's Answers (312)

Can my dad help fund my chapter 13 plan?

Can we file bankruptcy after a injury settlement

Seller won't move out after short sale close escrow and she is in bankcrucy.

For Ch. 13 bankruptcy, about how much above our mortgage pymt will we have to pay each month?

Can someone place a lien on my home property while I am in an active bankruptcy. My bankruptcy has recently been filed.

What is the cost or filing fee for chapter 7 bankruptcy in California? Can the fee be waived for any reason?

Do I have to notify ANYONE again about the past due child support and alimony he still owes (that was listed in the Chapter 13)

Should we file for chapter 13 bankruptcy?

Can I file these amended forms with the Clerk's Office or do they need to be notarized first? Anything I need to do in addition?

I filed for a chapter 7 and the judge granted the relief from stay motion. I want to keep my house. Will ch 13 help?