My husband forged my signature on bankruptcy petition when I was overseas so I report the bankruptcy trustee about this forgery,
Lysbeth's answer
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Answered on June 16, 2011
Are you saying your signature was forged on the bankruptcy documents and also on the power of attorney? If so, that is very serious and you should...
Archived
After filing CH13, can student loan creditors take your tax refund? They are included in the payment plan.
Lysbeth's answer
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Answered on June 16, 2011
Absolutely not! Sometimes a chapter 13 trustee will require a debtor to assign the return to the trustee for distribution through the plan. ...
Archived
Can a False Claims Act be filed as an adversary proceeding if it relates to an active Chapter 11 Bankruptcy Case?
Lysbeth's answer
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Answered on June 15, 2011
You probably could file an adversary proceeding. Look at Bankruptcy Rule 7001 to see what kind of actions are required or allowed to be filed as...
Archived
Can an involuntary bankruptcy help me get back properties that I own faster than a foreclosure?
Lysbeth's answer
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Answered on June 14, 2011
Yes it is possible but there are serious sand traps in this procedure. If you are going to do this, make sure that the first thing is to get a...
Archived
In chapter 7 bankruptcy. means test question. receive unemployment. how do i know if it is exempt as a social security benefit.
Lysbeth's answer
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Answered on June 14, 2011
I don't believe that social security includes unemployment. My understanding is that they are distinct and separate benefits. Social security is...
Archived
Are student loans considered income for BK purposes?
Lysbeth's answer
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Answered on June 14, 2011
Not income unless by some fluke debt forgiveness comes into play. As long as you are responsible for repayment, the loaned money would not be income.
Archived
Chapter 7 Q other day. Mom and I took me off deed to home & added Dad about 10 mos ago. Now I need to file chapter 7. What now?
Lysbeth's answer
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Answered on June 13, 2011
The transfer would most likely be considered a fraudulent conveyance and a trustee would unwind the transfer and sell the property for the benefit...
Archived
If a lien has been filed against my husband can they collect from me too?
Lysbeth's answer
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Answered on June 13, 2011
You appear to be a California resident and, if so, your property and that of your husband, is community property. WHat this means is whatever...
Archived
Will our new payment plan after my husband got a job take all our disposable income or will it be figured over 5 years or 3?
Lysbeth's answer
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Answered on June 13, 2011
Rough calculations indicate that your monthly payment for 100% of your debt over five years would be approximately $1437 monthly, which is not very...
Archived
Can I Plaintiff, In State Civil Suit stayed due to defendant filing Ch 7 BR answer Motion to Dismiss Case filed by co-defendant?
Lysbeth's answer
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Answered on June 12, 2011
The stay is all-encompassing. The better course is to obtain a "comfort" order from the bankruptcy court allowing you to file a pleading against a...
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