Archived
In BK case, how common is it for creditor to object discharge of credit card transactions (not luxury) but over $500, >90 days
Cindy's answer
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Answered on June 07, 2013
The bankruptcy code has a build in presumption regarding charges made on credit cards within 70 to 90 days of filing (depending upon how the...
Archived
Can I retain two bankruptcy law firms for $100 each and decide who I am going to use and pay for the filing in a month or two?
Cindy's answer
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Answered on June 07, 2013
If you are unhappy with the initial lawyer's office, you have an absolute right to seek other counsel. If they have done any work on your case,...
Archived
Do I need to amend my BK Chapter 7 petition? I used my full middle name and did not put my first BK in 1996, I overlooked it>
Cindy's answer
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Answered on June 07, 2013
Most Trustees want all of your "aka"'s listed, so amending to include an abbreviation you normally use should not cause problems with your fiing. ...
Archived
Planning to hire attorney for bk 7 or 13 in approx. 45 days. Car repair $1.5-2k needed, that must be charged. Is it advisable?
Cindy's answer
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Answered on June 07, 2013
If you use the card within 70 days before filing, there will be a presumption that the debt was incurred by fraud, and the Creditor from whom you...
Archived
Is the burden upon the Creditor to prove misuse, fraud or running up a credit card, when objecting a bankruptcy discharge?
Cindy's answer
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Answered on June 07, 2013
As you can see from the prior answers, the response is "It depends." Generally, it is the Creditors burden to prove the fraud or use of a false...
Archived
I have student loans in the amount of 35,000 they are 16 years old and i have been diagnosed with terminal cancer, can I dismiss
Cindy's answer
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Answered on March 20, 2013
As noted by the others, usually student loans are not dischargable in bankruptcy unless you file a separate action to have the debt determined to...
I just got a judgement on default a few days ago & i am filing bankruptcy chapter 7
Cindy's answer
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Answered on January 22, 2013
As the others have stated, no you do not need to vacate the judgment. The entry of judgment does not prevent it from being discharged. If the...
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