Archived
In the Central District, can a mortgage payment for your home be included in means test if it will be surrendered in bankruptcy?
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Answered on March 09, 2011
I routinely put it in but make the client aware of the issue assuming the amount might diqualify the client fron filing under C7. Similarly, the...
Archived
Q re short sale after chapter 7 discharge on mtg and tax liability. Also, is it changing next year. My bro want to discharge mtg
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Answered on March 09, 2011
I am not a tax lawyer but my understanding is that since you have no personal liability due to the bankruptcy you would never have to pay taxes on...
Archived
Home equity discharge
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Answered on March 07, 2011
Your personal obligation to pay the HELOC (home equity line of credit) was discharged. You can never be required to pay. That does not mean the...
Archived
Is Chapter 7 bankruptcy possible for eliminating a foreclosure deficiency?
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Answered on March 07, 2011
Without knowing what you consider a "decent" savings and the value of your stocks it is impossible to know if bankruptcy is a viable alternative. ...
Archived
Can court fines from driving violations be discharged in a chapter 7 bankruptcy?
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Answered on March 07, 2011
Fines are not dischargeable in bankruptcy.
Archived
Can my husbands ex force him to remove her name from mortgage prior to foreclosure?
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Answered on February 18, 2011
There is no way to remove the ex's name form the mortgage without the bank's permission and don't count on that happening. A refinance is obviously...
Archived
Can I get my tax refund back if I file Ch 13
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Answered on February 18, 2011
It is not my desire to tell you what to do as that is your lawyer's job. However, you are eligible for a discharge in a C13 case 4 years after...
Archived
If rule is that cant get chapter 13 discharge 'til 4 years after received chapter 7 discharge. Cant I file now? Ch 13 takes 5yrs
Tony's answer
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Answered on February 18, 2011
1. You cannot get a discharge in C13 if you file the C13 case within 4 years of the date you filed the C7 case.
2. You can file a C13 anytime...
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Archived
Necessary for me to list old/closed biz name on my personal chapter 7 petition; or can I just list me & describe biz in petit?
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Answered on February 18, 2011
You need to put the name of the business in the petition. You ca put: X "formerly doing business as" XYZ, and also report having done business...
Archived
Please help!! is it true that i can't file chapter 7 nor 13 if i have the following scenarios
Tony's answer
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Answered on February 18, 2011
Two possibilities: The paralegal, who is practicing law illegally without a license, was wrong or you misunderstood what she said. Both mortgages...
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