Archived
Filed chapter 7 bk - bank refused reaffirmation, home was modify ,making payments bank not reporting on credit -is it fair?
Cindy's answer
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Answered on November 06, 2014
It is SOP for a mortgage holder to refuse to report payments if the mortgage is not reaffirmed, just as it it SOP for bankruptcy attorneys to...
Profits from selling house while in Chapter 13, and moving abroad?
Cindy's answer
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Answered on November 04, 2014
The question is one of timing and how much you will have in proceeds to reinvest. If you sell the house and immediately use those proceeds to...
Archived
I filed a Ch7 Bk. I have a secured abstract judgment against my house. The judgment was entered by default and interst too high
Cindy's answer
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Answered on November 04, 2014
As you have been advised it may be possible to avoid the lien IF the senior liens and your homestead are greater than the value of the house before...
What is the deadline to file motion for stay from automatic relief in ch. 7 bankruptcy?
Cindy's answer
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Answered on November 03, 2014
There is no time limit to file a motion for relief from stay so long as the case is open. Unless there is insurance or a bond to go after,...
Archived
How do I get my deceased parents Chapter 13 bankruptcy removed from my loan number in my lenders database?
Cindy's answer
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Answered on October 30, 2014
Your facts are a little confusing, but I assume that it was your parents who filed for bankruptcy, not you. They also, presumably listed their...
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Archived
After a ch 7 discharge is it better to do a deed of lieu or just stop paying and let the house
go into foreclosure.
Cindy's answer
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Answered on October 27, 2014
Depending upon how much of the debt on the house is the HELOC, you might also consider talking to the HELOC lender to see if you can buy out their...
Archived
Filled chapter 13 two years ago, lost job and it was dismissed , today received a letter Substitution of trustee, full Recon,
Cindy's answer
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Answered on October 24, 2014
I agree with Mr. Steingraber. Generally "full Recon" means they reconveyed the title, and are no longer asserting a lien on the property. Without...
Archived
Are gamble debts dischargeable thrpugh chapter 7 or 13? Which would be a better option for her?
Cindy's answer
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Answered on October 23, 2014
Aside from the issue of Nevada law raised by attorney Bunce, gambling debts are generally dischargable unless they meet the criteria of 11USC...
Archived
I am in a Ch7 bankruptcy Adversary Proceeding. I filed a summary judgment motion that was denied 35 days ago - can I appeal it?
Cindy's answer
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Answered on October 23, 2014
The only way to appeal a "non-final" order is to obtain leave of court. As stated by other counsel, you are highly unlikely to obtain leave of...
Archived
Chapter 7. Is it true that I can file again after 7 years since my first filing was in 2007? Someone told me rule was 7 yrs then
Cindy's answer
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Answered on October 20, 2014
When the rules changed they changed for all cases in the future, so the rule is 8 years, or 4 if you filed and obtained a discharge in a chapter 13.
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