Archived
My mother was sent a request for entry of default but she no longer lives in Ca. She has altzheimers. What do I do?
Lysbeth's answer
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Answered on July 28, 2011
I agree that writing a letter explaining your mother's condition, that she is judgment proof and requesting dismissal. As to her siblings, unless...
Archived
What are the pros and cons of having Defendant present at trial?
Lysbeth's answer
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Answered on July 27, 2011
You are right in that it is better for you if the debtor/defendant is not at the trial but I have seen judges postpone a trial to a time when the...
Archived
How can I stop collection agency's calls concerning a corporate credit card I once had?
Lysbeth's answer
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Answered on July 26, 2011
You can write the creditor and attorney for creditor requesting that you be put on "correspondence status". The creditor must then put everything...
Archived
ATTY FEES IN BANKRUPTCY - FLORIDA
Lysbeth's answer
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Answered on July 25, 2011
Attorney fees are dischargeable in chapter 7 and 13; even attorney fees for doing the bankruptcy are dischargeable. However, in your case, you...
Archived
Is it true that my income taxes can't be discharged in chapter 7 if there has been a "Tax Lien" issued? They would be otherwise
Lysbeth's answer
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Answered on July 25, 2011
The tax lien will remain against whatever property, real or personal, you own, and these liens survive claims of exemption so that the IRS can...
Archived
I have a second home that is rented. There is no equity, Can I keep the second home if I file a Chapter 7 Bankruptcy in CA?
Lysbeth's answer
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Answered on July 25, 2011
I'm wishing you have good documentation of the lack of equity. Most trustees I have seen handling this situation would not take the house,...
Archived
We filed Chapter 7 in 2008, Did not re-affirm our mortgage or boat loan
Lysbeth's answer
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Answered on July 25, 2011
Because you did not reaffirm, you are not liable on the debt for a deficiency. Generally, everything and anything can be reported on your credit...
Archived
Bankruptcy of a friend.
Lysbeth's answer
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Answered on July 23, 2011
Yes you can file a bankruptcy with a house that has no mortgage, but I'm not all that sure why.You will be losing the house if you file a...
Archived
What kind of damages can you ask when the same creditor violated the automatic stay and the discharge in Ch 7 bankruptcy?
Lysbeth's answer
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Answered on July 23, 2011
Your best court for such a suit woud be bankruptcy court. It wouid be called an 'adversary proceeding' and they are fairly common in bankruptcy...
Can you make a formal complaint against U.S. Bankruptcy Trustee ?
Lysbeth's answer
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Answered on July 23, 2011
The supervisor of the bankruptcy trustees is the Ofice of U.S, Trustee, a branch of the Department of Justice. The address of the U.S. Trustee...
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