Archived
In 2010 my house went went into foreclosure now the second mortgage is trying to collect the debt. Do I have to pay?
Malcolm's answer
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Answered on July 01, 2014
Whether you (and our mother) are or are not liable for the second mortgage depends of multiple things in California. Do both of you a favor and get...
Does the automatic stay toll the SOL on a judgment lien-credit card debt? Do you have to consider the years that you were in
Malcolm's answer
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Answered on June 23, 2014
The discharge of your personal liability for that debt has no effect on the lien.
Archived
How can a creditor enforce a judgement lien on my house if it was discharged in chapter 13 bankruptcy?
If I'm no longer
Malcolm's answer
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Answered on June 23, 2014
You've received several very good answers. I'll summarize by saying that (1) your personal liability for that debt was discharged, (2) the judgment...
Archived
Judgement creditor obtained arbitration award by fraud. Award confirmed by court. Past appeals date. Bring up in BK court?
Malcolm's answer
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Answered on June 17, 2014
You've received two good answers. I'll add that (1) a discharge of debts in bankruptcy means that you wouldn't owe that debt anymore, without the...
I filed a skeleton petition for Chapter 7 Bankruptcy to stay an execution sale of my home. Can I refile if it lapses?
Malcolm's answer
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Answered on June 16, 2014
Attorney Sandra Kuhn has given you a good answer. I'll add that I'm not clear why you chose a Chapter 7 to stay the sale of your home. If you're...
Archived
Thinking of filing ch 7 bankruptcy,
Malcolm's answer
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Answered on June 15, 2014
Your wife's inheritance would be her separate property, unless something is done to make it community property, and therefore not available to the...
Must I file a Statement of Intent in 30 days after filing bankruptcy? Court Date is 37 days from filing date. Consequences?
Malcolm's answer
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Answered on May 19, 2014
Attorney Derek Caldwell gave a very good answer. I'll add that I don't understand why you seem to not want to file the Statement of Intent. There's...
Archived
Filing Chapter 7 Bankruptcy on my own - Question regarding Applicable Median Family income and residing state.
Malcolm's answer
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Answered on May 17, 2014
You reside in California now so that's your answer for the Means Test. If your income is above the median then you have to complete the full Means...
Archived
Bankruptcy and Re-Affirming Debt on A Property in Florida
Malcolm's answer
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Answered on May 01, 2014
How long as your girlfriend lived in California? That governs whether California or Florida exemptions apply. But in general, with the facts as you...
Archived
I had a settlement agreement with a defendant's attorney to settle the ch 7 bankruptcy. However, the defendant has not paid me.
Malcolm's answer
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Answered on April 10, 2014
I don't understand exactly what is happening. Can you please explain in more detail what heppened and what you want?
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