Archived
May I use a home inspector and damage report to lower equity on a principal home? Ch.7. $70,843.39 in equity; Damage: $63,995
Marty's answer
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Answered on January 24, 2015
Of course, the value of your home, and thus the net equity, might be reduced by these defective conditions, but it is really unclear. Sometimes...
Archived
I'm planning to file Chapter 7 bankruptcy. I have tax debt which meets the requirements for discharging.
Marty's answer
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Answered on January 24, 2015
I will just assume as true that your tax debt is entirely dischargeable. Having said that, tax dischargeability is a complex area and requires a...
Archived
Move back in to house with impending foreclosure?
Marty's answer
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Answered on May 04, 2014
You are the co-owner of the house! If it is convenient to do so, I would certainly move into the home. If you are given the opportunity to modify...
Archived
Are there situations where it is ok to exempt more than the value of asset in bankruptcy?
Marty's answer
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Answered on May 01, 2014
The short answer to your question: I agree with the other attorneys: you may claim an exemption in excess of the fair market value of the...
Archived
Exemption to protect pesonal injury award
Marty's answer
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Answered on May 01, 2014
In a serious injury situation, the personal injury exemption found at Code of Civil Procedure §704.140 provides the exemption that would be...
Archived
What are the benefits to filing chapter 7 vs not filing at all?
Marty's answer
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Answered on April 30, 2014
The simple fact is: some people are way beyond the reach of creditors and we call "judgment proof." You might be that kind of person if you are...
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