Archived
In the Federal Bankruptcy Court, my attorney withdrew from the case. Should I tell the Judge the reasons for his withdrawal?
Pierre's answer
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Answered on October 27, 2011
As Attorney Weinberg pointed out, the most important thing to focus on is the issue at trial. The improper attorney representation is something...
Archived
Can I file for chapter 7 individually without affecting my spouce's liabilities and assets?
Pierre's answer
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Answered on October 27, 2011
Your personal liability for the mortgage will be discharged in bankruptcy; your wife will then assume all liability for it. This probably means...
How is a 2nd mortgage charge off Handled in a Chapter 13?
Pierre's answer
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Answered on October 27, 2011
The "charged off" mortgage is still attached to your property. "Charge off" is just a term of art that is used by creditors that does not really...
Archived
Am I responsible for my parents bankruptcy chapter 7 or chapter 13 payments if they stop making the monthly payments?
Pierre's answer
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Answered on October 26, 2011
No. Your father's attorney is being shady. DO NOT SIGN THE LETTER.
If I file for bankruptcy under Chapter 7, will my portion of guardian ad litem fees in a divorce case be discharged?
Pierre's answer
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Answered on October 26, 2011
The debt is not dischargable in a Chapter 7, most likely. The debt may be dischargable after a Chapter 13 repayment plan has been successfully...
Archived
How does a subchapter S corporation handle a receivable from the stockholder when the stockholder files bankruptcy?
Pierre's answer
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Answered on October 26, 2011
Yes, there are special rules. They are called the "Bankruptcy Code".
The corporation's attorney should go to the creditor's meeting before the...
Archived
What can I do if a bankruptcy lawyer gave me incorrect advice leading to the reposession of my car?
Pierre's answer
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Answered on October 26, 2011
Whether you had an attorney-client relationship is debatable. If you just went to him for advice, then you probably did not. You should talk to a...
Archived
Can I vacate a judgement if I never received the original court papers because they misspelled my last name?
Pierre's answer
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Answered on October 26, 2011
Not receiving notice of an action against you is a basis for setting aside a judgment.
Unless you have a legitimate defense -- the debt amount...
Archived
WILL I BE ABLE TO USE FILING FEE FROM CH 13 DISMISSAL TOWARDS CH 7 FILING FEE
Pierre's answer
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Answered on October 25, 2011
No. Two cases; two case number; two filing fees. You will only have to pay the difference between a Chapter 13 and Chapter 7 if you were to convert...
Archived
Loan company bankrupt, am i still obligated to make further payments?
Pierre's answer
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Answered on October 25, 2011
Yes.
Your loan contract is an income-generating asset that will either be used by the company to pay its creditors restructured payments in a...
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