Archived
Does filing chapter 13 protect me from a contempt hearing for non payment of attorneys fees in California?
Hale's answer
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Answered on October 17, 2012
Yes, the automatic stay will stop all collection attempts, including a state court proceeding. However, not all debts are dischargeable, including...
Archived
Is the creditor allowed to ask the Chapter 7 bankruptcy court for verification of income and expenses of the debtor?
Hale's answer
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Answered on October 17, 2012
Calculating household size for the means test is a case-by-case determination. Some courts use "heads-on-beds," some do not. And you can be sure...
Archived
Can I convert a my Chapter 13 filed in Georgia to a Chapter 7, since I recently moved to California?
Hale's answer
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Answered on October 17, 2012
Can you convert a 13 to a 7? Yes.
Should you? It depends. There may be reasons the Chapter 13 was a good idea in the first place, such as...
Archived
If my ex pays off his arrears he owes for our daughter, can I still file bankruptcy?
Hale's answer
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Answered on October 17, 2012
Thanks for writing. You use the word "arrears." Arrears for what?
Also, you say arrears are "for your daughter." It this a debt he signed with...
Archived
I have lent an Afghanistan soldier money so that he could fly home and be with his sick daughter.
Hale's answer
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Answered on October 17, 2012
The Nigerian scam has been updated and gotten more complicated, but the latest information I've seen is that the funds cannot be recovered. Note...
Archived
My daughter's house is scheduled for a sherriff's sale at 11:00 tomorrow morning.
Hale's answer
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Answered on October 16, 2012
Yes, bankruptcy can stop a foreclosure sale. But is it being done in good faith? Is there income to repay the arrearages?
It's usually a good...
Can you recover from bankruptcy and a foreclosure?
Hale's answer
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Answered on October 16, 2012
I'm sorry to hear about your situation, which is becoming all too common. Can you recover from a bankruptcy and a foreclosure on your credit? Yes....
Can a car still be reposed after the loan has been charged off for over a year.
Hale's answer
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Answered on October 16, 2012
Yes.
As a rule of thumb, legal advice from the DMV is generally not very solid. Charge-offs don't change this secured creditor's remedies or...
Archived
I had been trying to modify home loan with B of A for almost a year and still not able to go anywhere with them. Please help
Hale's answer
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Answered on October 16, 2012
Sorry to hear about your experience, but it's very typical. Lenders will often make you jump through many hoops, drag the process out for months or...
Archived
Can I file for Chapter 7 again
Hale's answer
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Answered on October 16, 2012
No. You need to wait 8 years between Chapter 7 bankruptcy discharges. Your previous case was filed on June 17, 2005. You are not eligible to file...
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