Archived
Family Law - Request For Order. Can I file a Request For Order asking my spouse to give me money for a bankruptcy attorney?
Malcolm's answer
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Answered on November 10, 2014
Your most likely solution would be to get enough spousal support and/or division of property that you can afford to retain your own bankruptcy...
Archived
Question regarding converting case form ch 13 to Ch 7
Malcolm's answer
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Answered on October 28, 2014
Attorney Caldwell answered your question about exemptions. I'll leave that subject and ask why you filed a 13 in the first place, and has that...
Archived
If I file bankruptcy what happens to the equity on my house?
Malcolm's answer
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Answered on October 28, 2014
Depending on how much equity you have in your house, the house may or may not be able to be "exempted" (protected) from the trustee and your...
Archived
Should I file for bankruptcy?
Malcolm's answer
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Answered on October 26, 2014
As the prior answer said, don't cash out your 401K because you can keep all of it in a bankruptcy. You may be the prefect candidate for a Chapter...
Archived
Can I file for Chapter 11?
Malcolm's answer
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Answered on October 25, 2014
The short answer is yes. Chapter 11 provides for debt reorganization with classes of creditors agreeing to the plan. Chapter 11 is much more...
Archived
Trustee challenge of motion for relief from automatic stay when condo owner has post-petition bankruptcy delinquent HOA dues
Malcolm's answer
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Answered on October 16, 2014
The rights of the secured creditor, the HOA, should allow it to obtain relief from the automatic stay for post-petition non-payment. I doubt that...
Archived
Was debt discharged and Is the creditor violating the automatic stay?
Malcolm's answer
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Answered on October 11, 2014
As attorney Kuhn said, the automatic stay ends when our bankruptcy case is closed. But if that debt was discharged, then they can't sue your for it...
Archived
How do I get my heloc extinguished?
Malcolm's answer
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Answered on October 07, 2014
You've received three very good answers to your question. I'll add that the heloc servicer is under no obligation to modify its terms. As others...
Archived
Recouping unpaid commission/wages being witheld by employer for debt after chapter 7 discharge
Malcolm's answer
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Answered on October 02, 2014
I don't see how this has anything to do with your bankruptcy case. Your previous employer owed you money and is not paying it to you. That employer...
Archived
998 Offer: If you reject a 998 Offer from opposing counsel, and you do not receive a judgment in your favor for greater than
Malcolm's answer
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Answered on October 02, 2014
I don't see why a 998 offer and rejection, with resulting extra costs and fees, would change the question of whether the claim against you (the...
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