Archived
We were discharged out of chapter 7 bankruptcy 3 mos ago, my husband was not making enough money to buy back the equity in the
Michael's answer
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Answered on June 21, 2011
At this point, title to the truck is held by the bankruptcy estate which is controlled by the trustee. You can't sell it without violating the...
Archived
Ilegal to transfer any funds after filing bancruptcy?
Michael's answer
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Answered on June 21, 2011
I agree, you need to go to court and make the court aware of your bankruptcy. Also let the other side know either by handing him a copy or at...
Archived
When filing a Ch.13 after a Ch.7 bankruptcy do the 3 years apply to the four years time needed to wait for the discharge
Michael's answer
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Answered on June 20, 2011
It is 4 years from the date of filing bankruptcy, not the date of discharge. Without assuming too much, if you own real estate with a second...
Archived
When filing Chapter 7 bankruptcy i claimed homestead or Arizona exception for my secure loan. Can i still lose my home?
Michael's answer
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Answered on June 20, 2011
Yes, you can lose you home. Exemptions are used to protect equity in your home but do not shield you from a secured lender. The idea is if you...
Archived
What is the process of eviction after a relief from stay has been granted in a chapter 7 bankruptcy
Michael's answer
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Answered on June 20, 2011
I am a California lawyer. Relief from stay lets the landlord resume the eviction where he/she left off. In California, tenants rights vary...
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Archived
Is a Judgement allowing the opposition to collect litigation costs wiped out by a bankruptcy?
Michael's answer
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Answered on June 20, 2011
I am a California attorney in the SF Bay Area so I might be able to actually help you with this. Generally costs like you are referring to are a...
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Archived
Can i file ch 11 and get a discharge after ch 7 discharge? how long to wait?
Michael's answer
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Answered on June 20, 2011
I agree with my colleagues but want to clarify that you really filed chapter 11? Chapter 11 is rare by comparison to other chapters. If so, you...
Archived
I have a doctor bil that I have paid some on but was turned over to a collection agency. The collection agency is charging
Michael's answer
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Answered on June 16, 2011
This is a very common complaint. I know the fees spiral out of control and nobody wants to spend the time to explain it to you. That's how it is....
Archived
I have a tennant for which I have received notice of bankruptcy. Can I recind the lease?
Michael's answer
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Answered on June 16, 2011
Leases are generally called Executory Contracts (See Bakruptcy code section 365) which can be assumed or rejected in bankruptcy. The law general...
I have a Civil Judgment against me which I did not know about that's a year old now. What can I do about it?
Michael's answer
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Answered on June 16, 2011
The law prefers to have everyone get their day in court and you did not get that. Different states use different terms for setting aside a...
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