Archived
Ch 7 filed with bodily injury settlement proceeds pending unlitigated claim listed as exemption is it protected?
Michael's answer
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Answered on July 15, 2011
Tough question. Generally there are limits on what you can protect. Since you do not know what your claim will ultimately be worth it's...
Archived
Getting Calls from "Chase Services" after a discharge (discharged 5/2011), for $10,261+,
Michael's answer
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Answered on July 15, 2011
You have two issues:
Liability - if the debt was listed in your bankruptcy and you got a discharge then you do not owe the money. Unless your...
Archived
The company I worked 7yr. for filed for Chapter 11. I freelanced for them for the past year. Will I get paid the money they owe?
Michael's answer
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Answered on July 15, 2011
I agree you should have a lawyer help you file a proof of claim in the chapter 11. Your question was have you just lost the $12,000 they still owe...
Archived
Chapter 7 Bankruptcy discharged January 27, 2011, 1st & 2nd mortgage in Florida-I just found out that the 2nd turned it over to
Michael's answer
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Answered on July 15, 2011
It sounds like you're worrying too much. If the house was included in a chapter 7 and you obtained a discharge then as long as you relinquish the...
Archived
In the state of VA if I included a payday loan in chpt 13 bankruptcy can they charge me with check fraud?
Michael's answer
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Answered on July 14, 2011
I agree with Dorothy that only a district attorney can file criminal charges. Do be aware the federal Fair Debt Collection Practices Act ("FDCPA")...
Archived
Hi, i am wondering what happens when you file a divorce while in CH 13. The husband lost his job 2 years ago and has not paid.
Michael's answer
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Answered on July 14, 2011
This is too complicated to give a simple answer. In general, in divorce you divide assets and debts. The chapter 13 plan payment is one...
Archived
Which jurisdiction? Rent/live in Orange county but own a home in LA county.
Michael's answer
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Answered on July 14, 2011
You are expected to file where you live or where your business is located. If you have a rental property you might take the position the your...
Archived
What to do if I file the personal injury claims after a discharge?
Michael's answer
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Answered on July 14, 2011
I agree with the other answers. Assets of the bankruptcy include all claims that arose before the filing with the limited exceptions Lysbeth...
Archived
Adversary Proceeding
Michael's answer
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Answered on July 14, 2011
Apparently the debt was incorrectly called unsecured in the divorce too? A mortgage can become unsecured if the house was foreclosed. Talk to the...
How can I lift the 180 day ban from filing a CH13 bankruptcy
Michael's answer
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Answered on July 14, 2011
You need to ask the court to reconsider the order including the 180 day bar to refiling. As part of that request you should explain what you want...
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