Archived
Can I sell a home that was discharged as part of a CH 7 BK 2 yrs ago that was never sold by the bank and is still in my name?
Lysbeth's answer
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Answered on August 17, 2011
Do you have a purchaser? The title seems so confused it is difficult for me to envision who would want to step into the conflicting claims...
Archived
Can I make payments on a credit card judgement without risking my bankruptcy?
Lysbeth's answer
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Answered on August 17, 2011
You don't say why you have to pay the "bankruptcy co." in full before you file the case. The court will let you pay the filing fee in...
Archived
If I promised to pay a debt collector on a over 10 year old debt, does that start the statute of limitations over again?
Lysbeth's answer
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Answered on August 16, 2011
My understanding is that the actual payment will restart the statute of limitations, but the mere promise to pay does not. I assume no documents...
Archived
Trustee filed motion for rents on rental property 21 days are up but Judge did not file order to compel,it has been many months
Lysbeth's answer
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Answered on August 16, 2011
The judge will sign an order when the trustee presents one to him/her (the judge). Call the trustee to see where in the pipeline the order is. He...
Archived
When valuing prop for BK exempts, do I need a formal appraisal, is a licensed r.e. broker okay, or is my own best judgment ok?
Lysbeth's answer
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Answered on August 16, 2011
Since you are in California, you can take advantage of the "rule" that owners are competent to testify as to the value of the property they own. ...
Archived
Must one pay off
Lysbeth's answer
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Answered on August 15, 2011
If the loans are not yet due, you could make an argument that they should not be paid now or included in a chapter 13 (they might fall into the...
Archived
I filed bankruptcy in 2006. I was told by my attonery that old federal income taxes would be dismissed.
Lysbeth's answer
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Answered on August 15, 2011
I recall an IRS rule that, unless you specifically designate what year taxes are to be paid with your money, the IRS can pick and choose whatever...
Archived
Can an ex-spouse threaten to sue for some un-paid child support when I don't have an income and have field bankruptcy?
Lysbeth's answer
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Answered on August 15, 2011
Generally, debts that cannot be discharged in chapter 7, can be dealt with in chapter 13. You don't say the amount of back support nor the age of...
Archived
My student tuition was discharged on my bankruptcy in 2004. the university will not give me my transcript.
Lysbeth's answer
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Answered on August 15, 2011
The answer will vary by state. In the Ninth Circuit (Western U.S.) transcripts cannot be withheld because the tuition (the debt) is not paid, and...
Archived
I have a friend who won a civil case which was fraud and the individual is filing BK can they include the civil.
Lysbeth's answer
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Answered on August 15, 2011
My colleagues are correct. I would add that you may have an advantage in that there is a state court fraud judgment against him/her. Bankruptcy...
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