Archived
Should I re-affirm a 2nd mortgage in Chapter 7? HAMP modified the first in 2011, the 2nd lien holder didn't modify & should have
Cindy's answer
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Answered on October 09, 2014
As a general rule, the answer is no, as the reaffirmation would reestablish the 2nd against the house and your personal liability on the loan. I...
Archived
Can chapter 13 still be filed if debt limits exceeded?
Cindy's answer
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Answered on October 06, 2014
IF the debt limits of 11 USC 109 are exceeded, then you would not qualify to file a chapter 13. As pointed out above, however, you are still...
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Archived
I pass the means test however I have some funds left-over after I deduct monthly income from expenses . Could I still file a 7
Cindy's answer
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Answered on October 06, 2014
I assume you mean you are either under the median income, or after going through your allowed deductions you unsecured creditors would recieve less...
Archived
Chapter 7, my brother filed chapter 7; listed me on paperwork and what forms to file to have money paid back to me?
Cindy's answer
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Answered on October 06, 2014
Look at the notice of commencement of case you recieved. If it says there are assets, there should be a claim form attached. File your claim with...
Archived
Chapter 7. Finance company suing me on motorcycle loan. Bike was actually lien-sold by a mechanic. Will bankruptcy wipe out?
Cindy's answer
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Answered on October 02, 2014
Assuming the debt does not fall under an exception to discharge (fraud, false financial statements etc see 11 USC 523) the debt should be...
Archived
If my LLC invests in a c-corp that filed CH 11 bankruptcy, will my LLC be liable for the per-existing debts of the company?
Cindy's answer
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Answered on October 01, 2014
Are you asking the LLC's risk if the invest NOW in a c-corp that filed a chapter 11? Presumably the c-copr has either obtained the confirmation of...
Archived
Judgment creditor attached lien to home. Later I filed chapter 7 & received discharge. Does interest stop & will it fall off ?
Cindy's answer
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Answered on October 01, 2014
As indicated by the other attorneys, unless you affirmatively avoid the lien, the lien remains on your residence. Assuming your case is open and...
Archived
Involuntary bankruptcy petition by 3 investors
Cindy's answer
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Answered on September 26, 2014
Did you not have counsel with the involuntary petition, he should be discussing this with you. While the code does provide for reasonable...
Archived
Involuntary bankruptcy petition by 3 investors
Cindy's answer
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Answered on September 26, 2014
Did you not have counsel with the involuntary petition, he should be discussing this with you. While the code does provide for reasonable...
Archived
Does """ (11) usc (c) (3) (a) terminate automatic stay for a ""CORPORATION """
Cindy's answer
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Answered on September 22, 2014
I think many of us are reluctant to try to figure out what is going on here, in order to answer the question. I don't know if you had a defense...
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