Archived
Can you ammend a Chapter 7 bankruptcy and get a Home Equity Loan (2nd mortgage) removed AFTER a discharge??
Michael's answer
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Answered on June 15, 2011
In the vast majority of courts a second mortgage is only forgiven in chapter 7 when the home is surrendered to the bank. In chapter 13 a 2nd...
How can you discharge intentional torts in Chapter 13 bankrutpcy?
Michael's answer
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Answered on June 15, 2011
I agree generally with the other comments made. If a creditor wants to have a debt allegedly for fraud to survive any bankruptcy it must file a...
Archived
Chapter 7 bankruptcy. joint. Both spouses have a car worth a couple thousand & are using 704 exemptions in CA. Can only exempt 1
Michael's answer
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Answered on June 15, 2011
I agree with Jonathan but want to add a couple thoughts. First, the 704 exemptions are only used when a person has substantial equity in a home...
Archived
We filed bankruptcy and was dischg in 2010. we had a 1st &2nd mortg. our mortgage com is offering loan mod. is the 2nd dischgd
Michael's answer
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Answered on June 15, 2011
I agree with the other comments but want to add that notations like "written off" on a credit report or statements made by bank employees like...
Archived
Chapter 13 - elkhart, IN In regards to previous question on my husband now making 75,000 yrly. additional question below
Michael's answer
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Answered on June 15, 2011
For better or worse, the bankruptcy system looks at the 6 months prior to filing rigidly. The Lanning v. Hamilton case referred to above allows...
Archived
We filed a Chapter 13 in May 2010.... my mother is now terminally ill and only has about 3 months to live.
Michael's answer
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Answered on June 15, 2011
It would be great to get an answer out of the Central District of Calif. which includes LA and the surrounding areas but since that has not...
Archived
Which statue don't allow me to sign the bankruptcy petition on behalf of my spouse even if I have a general P.O.A plz be
Michael's answer
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Answered on June 15, 2011
I practice in the SF Bay Area. At least in Oakland they have allowed the use of a power of attorney in the past. We have 2 new judges so things...
California-Want to file "Notice of Stay of Proceedings" form CM-180 to let civil state ct know about my bk filing. Proof of svc?
Michael's answer
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Answered on June 15, 2011
The bankruptcy laws require notice to the creditor and then place an affirmative duty on the creditor to cease action. Any action taken after...
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