Archived
Can I file a proof of claim against someone in Ch 13 bankruptcy I won a judgment against in Small Claims Court?
Robert's answer
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Answered on January 31, 2014
I expect that your claims will be discharged unless you sue them and can prove fruad and/or willful and malicious injury. Basic contract claims...
Archived
Mom took out $130,000 in private loans under my name. Can I file some type of charge against her?
Robert's answer
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Answered on January 30, 2014
The way you have described it, it is not your debt. Tell the creditor. Let them investigate.
QUESTION: Did she also attend the...
Archived
Chapter 7 bankruptcy case discharged in November account that wasn't included I wanted to reopen the case
Robert's answer
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Answered on January 29, 2014
Assuming it was a "no asset case" (the trustee did not take any assets to pay creditors a dividend - like 98% of all consumer cases), then the debt...
Archived
Can a creditor such as a credit card company access my 401k to satisfy a debt?
Robert's answer
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Answered on January 28, 2014
No. They are exempt. :-)
Exempt - Retirement or annuity funds provided for under the Internal Revenue Code, 42 Pa.C.S. § 8124(b)(1)(ix).
Archived
Can you remove a Chapter 7 early if it was due to medical bills?
Robert's answer
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Answered on January 28, 2014
No. The Fair Credit Reporting Act says that a Chapter 7 can be listed for 10 years. To come off earlier, the credit reporting agencies would have...
What are good reasons to file a motion to set aside or vacate a default judgment?
Robert's answer
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Answered on January 28, 2014
If you were served with the Summons and Complaint, that is all the notice you get. The Summons says what you need to do and what happens if you do...
Can mortgage company reaffirm debt without the co-borrower on the affirmation agreement?
Robert's answer
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Answered on January 27, 2014
The coborrower does not need to reaffirm (and does not receive a discharge) because they did not file bk. They do not have to be on the RA. ...
Archived
I am filing chapter 13 bankruptcy, and getting together all my documents...
Robert's answer
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Answered on January 12, 2014
It is not necessarily a a"deal breaker". Pull a credit report. It will give you many of your creditors. It should also give you enough of the...
Archived
Can I file chapter 13 on a business 941 taxes
Robert's answer
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Answered on January 12, 2014
Past due 941 taxes are nondischargeable and entitled to priority to be paid in both Chapter 7 (if an asset case) and 13. See 11 USC Sections...
Archived
My husband is filing bankruptcy alone, if I was a authorized user can they make me pay if he doesn't pay the credit card.
Robert's answer
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Answered on January 12, 2014
As an authorized user, you are not obligated to the credit card company. However, depending on the agreement you have with your husband on who...
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