Archived
Do these arguments qualify for federal question in Quiet Title action in district court? NYS property.
Cindy's answer
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Answered on April 30, 2015
You want a simple answer to very complex question. There are reams of documents, court decisions and probably discovery that would have to be done...
Is it lawful to have a lis pendens on a homestead property by a creditor during a bankrupcy?
Cindy's answer
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Answered on April 30, 2015
The mere fact the property is claimed as a homestead does not prevent a lis pendens from being filed. If the creditor filed a lis pendens prior to...
Chapter 7. If I made "preference" payment to bro of $2,000.00; Can a preference payment be listed and exempted to prevent unwind
Cindy's answer
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Answered on April 29, 2015
The first issue is have you filed? If not, unwinding the transaction and exempting the funds (assuming you have sufficient exemption) is possible....
Archived
Is there a Bankrputcy Attorney who can help me file Chapter 7 bankruptcy and KEEP my home. I have filed 13 but it's so expensive
Cindy's answer
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Answered on April 27, 2015
It's difficult to tell what you want to do. I gather you are in a chapter 13 and are having difficulties making the payments. Why are you in a...
Archived
Can I reopen a Ch 7 BK which was discharged in 2009 to resolve a lien issue in 2015?
Cindy's answer
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Answered on April 27, 2015
Your personal obligation was discharged in 2009. The second Mortgage retained their lien rights, and as stated, a chapter 7 would have no effect...
Archived
How do I a file a lien avoidance motion
Cindy's answer
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Answered on April 27, 2015
Mr. Berkus's instructions are correct. Please note, you need to make sure you are available to appear at the hearing on your motion. Some courts...
Archived
Currently in Chapter 13 with Mortgage, note was sold to New Company in Nov, just received notice of hearing for possible forclos
Cindy's answer
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Answered on April 17, 2015
And demand an accounting for payments. There may be significant errors in the new bank's or the old bank's records regarding payments made. There...
Archived
Will my husband's income be counted if I file an individual chapter 7 bankruptcy case for my separate debts?
Cindy's answer
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Answered on April 17, 2015
The code requires that you list all household income and expenses for the means test, this would include your spouse's income and his expenses. He...
Archived
What kind of Order can I file in the BK Court to Redeem my properties, properly listed in my schedules that went uncontested.
Cindy's answer
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Answered on April 17, 2015
Your question is very confusing. In part because you seem to be confusing actions taken in a state court matter, and bankruptcy law. If your...
Archived
If I file chapter 7 in California what can I keep ?
Cindy's answer
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Answered on April 14, 2015
Assuming you have lived in California for at least 2 years, the California Exemptions would probably protect all of your assets. The exemptions...
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