Archived
Does Equitable Subordination apply in bankruptcy court if the creditor committed fraud to secure judgment?
Gabriel's answer
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Answered on June 17, 2014
Attorney Berkus has done a great job talking about the equitable subordination doctrine, which, as he indicates, is probably not a great argument...
Archived
Its been 2 years since our ch 7 discharge. Both mortgages were not reaffirmed. still current on first defaulted on HELOC.
Gabriel's answer
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Answered on June 16, 2014
Based on the Chapter 7, your personal liability is discharged. For them to call you and demand payment is a violation of the discharge order...
I filed Chapter 7 in 2011, agreement with Toyota Finance to keep car and make payments in California, but they took car anyway.
Gabriel's answer
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Answered on June 13, 2014
When you say that you "made arrangements" with Toyota, do you mean that you signed a reaffirmation agreement that was approved by the bankruptcy...
Archived
I filed for ch 13 bankruptcy. I made my last payment in May 2014, but I haven't heard anything. What happens now?
Gabriel's answer
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Answered on June 13, 2014
Once you have made your last payment, you should receive notice of completed plan payments from the Chapter 13 trustee. If you believe you have...
Archived
Is my credit card double dipping after chapter 13 bankruptcy discharge?
Gabriel's answer
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Answered on June 12, 2014
There are a number of issues here. The main issue is when the credit card company received actual notice of your bankruptcy. If they had that...
In California chapter 7. Does the debtor have the right to switch from 703 to 704 exemptions if home turns out to be worth more
Gabriel's answer
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Answered on June 12, 2014
As a general rule, debtors are free to switch their exemptions at any time. That general rule does have limits, though, so it is certainly...
Archived
A judge annulled the bankruptcy of my company, How do I file an appeal?
Gabriel's answer
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Answered on June 12, 2014
I agree that much more information is needed to answer this question. Sounds like you need to call an attorney (maybe a Canadian attorney!)...
Archived
Chapter 7 Los Angeles. If separated spouse files chapter 7 & other spouse owns car, does the filer have to exempt full value?
Gabriel's answer
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Answered on June 11, 2014
I agree with attorney Granvold's advice, but just wanted to emphasize here that in California, as a community property state, it is not who's name...
Archived
California bankruptcy chapter 7. 175k home exemption if disabled? What determines whether rises to the level of disabled?
Gabriel's answer
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Answered on June 11, 2014
Here's what the statute says:
"A person physically or mentally disabled who as a result of
that disability is unable to engage in substantial...
Archived
Creditor objection to chpt 13
Gabriel's answer
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Answered on June 10, 2014
If the debt on the furniture was discharged in your previous Chapter 7, your personal liability is gone. They have no legal right to get money out...
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