Archived
What is the process for amending my petition for chap. 7 in order to surrender my vehicle look like in CA?
Cindy's answer
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Answered on August 10, 2018
I assume you don't have counsel, or your attorney would be able to answer this easily.
You don't have to take any action. As stated by other...
Archived
Do I have to notice a debtor that a proof of claim was filed in a chapter 13?
Cindy's answer
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Answered on August 10, 2018
As Attorney Steingraber said, you ongoing support is unaffected by the filing of the chapter 13: the support payments still need to be paid. Past...
With my writ of enforcement i was able to put a lein on a property, can i renew the writ after he files bankcruptcy?
Cindy's answer
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Answered on August 10, 2018
I am assuming from your question that you obtained a judgment and filed a judgment lien against any real property the Debtor/contractor might...
Archived
Should I include my car in my chapter 7, try to modify the loan, or, try to finance a replacement?
Cindy's answer
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Answered on August 09, 2018
This is a very financial fact specific question, not a legal question. With that many miles on your 2011 car, redemption (not modification) may...
Can I have a court force 401k provider (Vanguard) to cash out?
Cindy's answer
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Answered on August 08, 2018
In most circumstances retirement benefits such as 401(k)s are fully exempt from collection, so a creditor cannot go after the funds. I know of no...
Archived
Can I apply for an auto loan if I have completed my ch 13 repayment plan but have not yet received my discharge?
Cindy's answer
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Answered on August 06, 2018
Technically, yes, BUT: until you have received your discharge, you must obtain approval to borrow funds which would be paid from your budget or...
Archived
I bought a house, my son is a co-borrower, he wants to file chapter 7 bankruptcy will the house be a part of the bankruptcy?
Cindy's answer
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Answered on August 06, 2018
Your son has an interest in the real property, which must be listed if he files a bankruptcy. He may be able to exempt his interest if he files,...
Archived
Credit debt in collections/ possibly be sued how affect my home, if pd current? But have equity?
Cindy's answer
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Answered on August 05, 2018
I have to agree with other counsel. A consultation will get your questions answered. Most of your questions are very fact specific and should...
Archived
Can a 2nd Deed of Trust move forward with sale of property if the owner is absentee and Deed records are indeterminate on time?
Cindy's answer
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Answered on August 05, 2018
The 2nd has no claims against the first. The second can foreclose on the deed of trust for the unpaid debt, interest, penalties and net...
Archived
Can a second mortgage issue a 1099 for forgiven debt if I previously filed bankruptcy?
Cindy's answer
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Answered on August 03, 2018
As stated, if the debt was discharge in bankruptcy, in income for the debt should not be imputed to you. File three proper form regarding the...
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