Questions answered by Gary Ray Fraley

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Attorney claimed to be able to do ch 7 bankruptcy but got me in a world of trouble because of lack of knowledge of bk laws

Gary's answer | Answered on July 25, 2014

There are many possibilities of what can be done but there simply is not enough information. I have seen cases where the asset was able to be...

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I have talked with 3 Bankruptcy attorneys. None are clear when I can file

Gary's answer | Answered on June 20, 2014

What you are getting is confusing. However each is looking at a particular issue. Perhaps I can explain it a little clearer. The "90 days" is NOT...

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I filed Ch. 7 bankruptcy and one of the creditors objected (my ex father-in-law). I filed a response and now have an attorney.

Gary's answer | Answered on June 20, 2014

All the previous answers are on point. What I am nor sure of is whether the Order to Show Cause hearing also includes why "your attorney" did not...

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Chapter 7 exemptions

Gary's answer | Answered on May 17, 2014

As to the workers comp, it can be protected so long as it is not comingled with other funds. Having said that, if you do not have equity in a home...

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I had a chapter 7 discharged 10/2009. I am in chapter 13 now and behind on my payments.

Gary's answer | Answered on May 17, 2014

I have to agree with the other attorneys. You cannot convert to Chapter 7. However, your plan can be modified. So much depends on what the debts...

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For CA ch. 7 bankruptcy, if a car's title is in my wife's name only, would it still be counted as my asset since we are married?

Gary's answer | Answered on May 01, 2014

I think all of the other attorneys who have posted responses are dead on as to the issues and the lack of detailed answers that only happen...

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What are the benefits to filing chapter 7 vs not filing at all?

Gary's answer | Answered on May 01, 2014

You may or may not be able to strip the 2nd deed of trust. You certainly cannot do that in a Chapter 7 case. Even then, it depends totally on what...

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If I co-sign my wife's student loan, and she passes away before repayment, am I required to still pay the loan off?

Gary's answer | Answered on April 16, 2014

I agree with all the other responses. If you have not already co-signed for it DON'T DO IT!!!!!! If they are not willing to give her the...

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Is an inherited IRA exempt in bankruptcy based on the date of filing regardless of how the Supreme Court rules in June?

Gary's answer | Answered on April 16, 2014

There is one other possible way to move forward on this. You could file and then file a motion to compel the trustee to abandon the IRA as exempt....

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TENANT LISTED MY ADDRESS INCORRECTLY ON HIS CH 13 BANKRUPTCY, THEREFORE I WAS NOT NOTIFIED. IS THERE ANY THING I CAN DO?

Gary's answer | Answered on April 16, 2014

You say he filed a Chapter 13 case. If he did not properly notice you of the case, his obligation to you is NOT wiped out by bankruptcy. This...

Gary Ray Fraley's Answers (363)

Attorney claimed to be able to do ch 7 bankruptcy but got me in a world of trouble because of lack of knowledge of bk laws

I have talked with 3 Bankruptcy attorneys. None are clear when I can file

I filed Ch. 7 bankruptcy and one of the creditors objected (my ex father-in-law). I filed a response and now have an attorney.

Chapter 7 exemptions

I had a chapter 7 discharged 10/2009. I am in chapter 13 now and behind on my payments.

For CA ch. 7 bankruptcy, if a car's title is in my wife's name only, would it still be counted as my asset since we are married?

What are the benefits to filing chapter 7 vs not filing at all?

If I co-sign my wife's student loan, and she passes away before repayment, am I required to still pay the loan off?

Is an inherited IRA exempt in bankruptcy based on the date of filing regardless of how the Supreme Court rules in June?

TENANT LISTED MY ADDRESS INCORRECTLY ON HIS CH 13 BANKRUPTCY, THEREFORE I WAS NOT NOTIFIED. IS THERE ANY THING I CAN DO?