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...
Can i contact the chapter 13 trustee directly regarding my account and payment status on a check?
Cindy's answer
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Answered on August 03, 2018
Most ch 13 trustees have a website you can log into to check your payment history. Check your trustee's website. If you can't find the...
Archived
Does Homestead exemption protect my entire interest in community property home where total equity is $145K?
Cindy's answer
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Answered on August 02, 2018
The court looks at the total value of the property, just as the mortgage does. As to how much equity you have, and how to protect it, you should...
Archived
How do I file for bankruptcy and how soon can the process be completed?
Cindy's answer
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Answered on August 01, 2018
Contact a experienced bankruptcy attorney and discuss your situation. The attorney should be able to provide you with the information you need...
Wells fargo suing me for 9 year old discharged debt?
Cindy's answer
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Answered on July 30, 2018
Your discharge covers all debt which was not reaffirmed, whether or not listed. If Wells Fargo wants to pursue you, AND they were not listed, they...
Archived
Affirmative Defenses in a Complaint as Plaintiff, not as a Defendant Answering a Complaint?
Cindy's answer
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Answered on July 28, 2018
First, why would you file a complaint? Your creditor has limited time to file his complaint under 523 a 2, 4 or 6. Why wouldn't you wait and see...
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