Archived
I filed a reaffirmation agreement for my mortgage, but now think I should not have done so. How do I rescind it?
Michael's answer
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Answered on September 21, 2011
You have 60 days to rescind a reaffirmation. You need to give the creditor written notice. If you have a lawyer the notice will be easy. If it...
Archived
Loaned money, secured it with their business and home. Heard they're going thru chap 7, can I get a lien on the business/home?
Michael's answer
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Answered on September 21, 2011
A loan and a security interest are two different things. The security interest (often called a lien) needs to be validly perfected which usually...
Can a debtor object to a "transfer of claim other than for security"?
Michael's answer
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Answered on September 20, 2011
You are concerned your second mortgage has been stripped (removed) through chapter 13 but now the lender has transferred the claim to another...
Archived
Bankruptcy filing a claim
Michael's answer
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Answered on August 09, 2011
I agree with the prior answers but want to add that failure to file a claim will not wipe out non-dischargeable debts. So if a child support...
Archived
A friend filed chapter 7 - can the storage facility auction their unit for non-payment?
Michael's answer
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Answered on August 09, 2011
Bankruptcy covers debts in existence on the date of filing. If the unpaid bill arose after bankruptcy then it will be a matter of Colorado law,...
Archived
Secured property still in my possession after a bankruptcy
Michael's answer
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Answered on August 05, 2011
Sounds like you filed chapter 7? If so and the discharge has been entered then they are entitled to take the car. Maybe they are not really...
Archived
Can I collect past due rent from my tenants if one of them (unmarried couple) files chapter 7?
Michael's answer
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Answered on August 05, 2011
The tenant is only protected once he/she actually files bankruptcy. Hiring a lawyer is not the same as actually filing. Telling you he/she is...
Archived
Can Chapter 13 Bankruptcy wipe out a deficiency judgement in California?
Michael's answer
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Answered on August 04, 2011
In my 18 years of doing foreclosure/bankruptcy work in California, I have never seen a judicial foreclosure on residential property. They are...
Selected as the best answer
Archived
Settling a second and 90 day rule - CH 13 and 11
Michael's answer
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Answered on August 04, 2011
Best bet, either settle it and wait 90 days or consider doing a lien strip in either chapter 11 or 13. Also, the preference issue(s) are...
Archived
We filed chapter 13 6yrs ago and we where discharged 1yr 3mnths ago
Michael's answer
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Answered on August 04, 2011
The propriety of fees that are tacked on at the end or during the bankruptcy to "monitor" or "review" or similar things is questionable. For a...
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