Questions answered by Malcolm Ruthven

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Almost 3 years ago I got $20,000 back in a check when I bought my house, now husband lost job. when file BK, will the know

Malcolm's answer | Answered on September 18, 2010

I'm not clear what you're asking; your question seems to have been cut off. If you're asking whether the bankruptcy trustee will know about that...

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Short sale, bankruptcy and ability to reverse.

Malcolm's answer | Answered on September 18, 2010

I don't understand your question as you stated it. It sounds like it's your home that you're selling in a short sale, and then you say "the home...

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If you want to willingly give your house back to the bank should you also declare bankruptcy?

Malcolm's answer | Answered on September 17, 2010

There's no way to answer your question on the facts presented. The couple's complete financial situation must be considered in any evaluation of...

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I have a judement against me for an old credit card debt. The owner of the debt refuses to do a payment plan.

Malcolm's answer | Answered on September 17, 2010

Creditors don't have to offer you a payment plan. You need to decide what to do about your financial situation, including exploring filing...

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Never been late with car payment and file bankrutcy i still want to keep car without reaffirmin the debt can the car be taken

Malcolm's answer | Answered on September 17, 2010

Your question involves an uncertain area of bankruptcy law and practice, and depends on the bankruptcy judge assigned to your case. In some...

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If I am co owner in a new llc business, can I be sued for credit card debts, etc from when I did business as a dba? sole owner

Malcolm's answer | Answered on September 17, 2010

Definitely you can be sued personally for your personal debts whenever incurred. The fact that you form an LLC doesn't change that at all.

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Calif. bankruptcy filing question

Malcolm's answer | Answered on September 16, 2010

A bankruptcy filing will stop any lawsuit for a debt and also any creditor action on a judgment, but it won't help much if a lien on property has...

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Will I lose my other properties if I go bankrupt on current home and second?

Malcolm's answer | Answered on September 16, 2010

There's no way to answer your question with only the facts presented. But you presented enough to know that you definitely need to consult with a...

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Can I fire my bankruptcy lawyer. There is no communication from him other than an occasional reply to my emails.

Malcolm's answer | Answered on September 16, 2010

Of course you can fire him. Discuss your whole situation with with a qualified bankruptcy attorney in your area and do it quickly. This time choose...

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Can ch7 avoid a judgement being placed againt my property or having my assets sold?

Malcolm's answer | Answered on September 16, 2010

A Chapter 7 bankruptcy filing will stop all creditor actions against you. However, if a creditor has obtained a court judgment against you and also...

Malcolm Ruthven's Answers (817)

Almost 3 years ago I got $20,000 back in a check when I bought my house, now husband lost job. when file BK, will the know

Short sale, bankruptcy and ability to reverse.

If you want to willingly give your house back to the bank should you also declare bankruptcy?

I have a judement against me for an old credit card debt. The owner of the debt refuses to do a payment plan.

Never been late with car payment and file bankrutcy i still want to keep car without reaffirmin the debt can the car be taken

If I am co owner in a new llc business, can I be sued for credit card debts, etc from when I did business as a dba? sole owner

Calif. bankruptcy filing question

Will I lose my other properties if I go bankrupt on current home and second?

Can I fire my bankruptcy lawyer. There is no communication from him other than an occasional reply to my emails.

Can ch7 avoid a judgement being placed againt my property or having my assets sold?