Archived
I filed chapter 7 in 2010 and was discharged in 2010. I received a call today from a hack collection agency stating that my
Lysbeth's answer
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Answered on July 07, 2011
There does appear to be a violation of the discharge injunction and contempt sanctions would be appropriate. I also hear of such situations being...
What does "Estate fully administered" in a chapter 7 Bankruptcy proceeding mean?
Lysbeth's answer
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Answered on July 07, 2011
I practice in the Northern District and am puzzled by this. If there was a complaint to deny discharge, the clerks wouldn't have closed the case. ...
Archived
Accountant threatening lawsuit against a closed company with no income, no assets, statue up and he is still charging late fees?
Lysbeth's answer
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Answered on July 06, 2011
Does this accountant have a judgment? Generally speaking, an attachment cannot occur before a judgment. Surely the accountant knew the size of...
Am I responsible for paying homeowners insurance on house after surrendering home in bankruptcy?
Lysbeth's answer
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Answered on July 06, 2011
These days, the insurance of foreclosed homes has changed somewhat. In the past the owner could just turn over the keys to the lender and the...
Archived
Priority claims - any way to force payment or resolution?
Lysbeth's answer
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Answered on July 06, 2011
More recently, chapter 11 cases are not allowed to continue on forever. THe court and the Office of U.S. Trustee schedule status conferences, the...
Archived
UNWANTED COLLECTION AGENCY CALLS, CAN I DO SOMETHING TO PROTECT MYSELF?
Lysbeth's answer
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Answered on July 06, 2011
You can write a letter to the collection agency requesting that you be put on "correspondence status" which means no more calls, just letters. ...
Archived
We have retained a lawyer who is sort of 'new' to debt collections, but was very reasonable on cost. however, after reading the
Lysbeth's answer
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Answered on July 06, 2011
As my colleagues have stated - summary judgment is a serious motion and if submitted unopposed, then the moving party wins the motion but, because...
Archived
I have have a written contract for a $24K loan. It has come due. He will not pay.
Lysbeth's answer
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Answered on July 05, 2011
Put yourself in the position of 'secured' creditor - get the pledge of equipment 'perfected' acording to NC law. That will give you a preferred...
Archived
I am currently about 14 months in to my Chapter 13. I was recently approved to convert to Chapter 7.
Lysbeth's answer
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Answered on July 05, 2011
Chapters 7 and 13 are different types of bankruptcy - 13 is a repayment plan over years and chapter 7 is a quick 6 month process that gets rid of...
How can I reaffirm my mortgage after chapter. 7 discharge of non-secure debt? Never been late in 13yrs!
Lysbeth's answer
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Answered on July 05, 2011
I hope you do not mean the legal process called "reaffirmation" in which you agree to make every payment om the mortgage and interest forever...
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