Archived
If my second mortgage has been charged off by my lender can I still include that debt in a chapter 7 bankruptcy?
Hale's answer
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Answered on October 19, 2012
Yes, all debts must be listed in a bankruptcy petition. And a "charge off" changes nothing; you still owe the money. Therefore, you must list...
Archived
An orthotics company is threatening to sue my mom for collections. mom has no assets and is on ss and a pension- can they win?
Hale's answer
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Answered on October 19, 2012
While Social Security is generally safe from garnishment and judgment creditors, pensions are not always safe. You should arrange a consultation...
Archived
I have been sued by a debt collection company and need help.
Hale's answer
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Answered on October 19, 2012
The facts here are not clear. Do you not owe the money?
Assuming "yes," if the case was not properly pled, the complaint can be amended,...
Archived
Taking out a loan against the house
Hale's answer
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Answered on October 19, 2012
Can he get a loan without her? Yes.
Can he encumber her collateral without notice and her consent? Due process says "No."
Archived
Does reopening a bankruptcy result in a stay?
Hale's answer
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Answered on October 19, 2012
It seems the bank filed the relief of stay for a reason. While we don't like to think about it, the bank has rights, too. When someone has a bank's...
Archived
My sister died and she had several judgements against her, she filed for bankruptcy and she died before she finished paying.
Hale's answer
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Answered on October 19, 2012
It sounds like this is a Chapter 13 bankruptcy ("finished paying"). First, don't let the payments lapse, or the trustee will file a motion for...
Archived
How can I lower credit card debt?
Hale's answer
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Answered on October 19, 2012
Without knowing about your entire financial circumstances, it's hard to give specific advice. If you have assets, consider selling them and...
Archived
What should I do to protect my bank bals and activity ? bankruptcy??
Hale's answer
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Answered on October 19, 2012
You have a home with $150,000 equity.
You have an LLC whose assets include $20,000 cash, possibly more.
You have over $1,000 in the...
Chapter 7 bankruptcy. Do loans from "Cash Advance" places get any special treatment or become non dischargeable?
Hale's answer
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Answered on October 18, 2012
Cash advance places can lead to a difficult cycle to break out of.
It's not treated any differently. But note that some debt you get prior to...
Archived
If I want to wait to file bankruptcy for about 3 months but need to surrender the car right now can I still include it in the bk
Hale's answer
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Answered on October 18, 2012
Yes, surrender the car now, and any deficiency balance you might still owe on it can be included in the bankruptcy.
I have an office local to...
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