Archived
2 years ago I filed bankruptcy chapter 13 but the attorney did not put all that I asked him to on it, can I file again?
Carl's answer
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Answered on December 27, 2013
You have not provided enough details to receive an informed reply. What happened to the prior case? Dismissed? Discharged? Denied...
Archived
Can I file a motion to vacate a judgement? The creditor agreed to accept $4,200 by Sep 2013. I was late, but have paid over $5K.
Carl's answer
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Answered on December 24, 2013
When a creditor agrees to accept a lower amount that what is owed, they usually do so to get money as promised rather than chase you down. it is...
Archived
How can I protect the equity in a condo in Mexico which is our second home?
Carl's answer
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Answered on December 21, 2013
You need to meet with an attorney in Washington state that can tell you what exemptions are available to protect this property in Mexico. Property...
Archived
Due to missinformation from a Paralegal at my Attorneys office stating the value of my home is only 140,000 I filed Chapter 7
Carl's answer
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Answered on December 21, 2013
You haven't provided enough information, but failing show up at the meeting of creditors won't necessarily guarantee dismissal of your case. Your...
Does CH7 discharge remove a lis pendens?
Carl's answer
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Answered on December 20, 2013
If the HOA has a lis pendens, they probably hand a lien on your property. As a general rule, Chapter 7 would NOT discharge the lien. Talk to your...
Archived
How can I lift automatic stay if my tenants just filed chapter 13 BK 3 days ago , I had a court date today that was continued
Carl's answer
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Answered on December 19, 2013
Filing a motion for relief from the automatic stay is a procedure that varies from court to court. Some bankruptcy courts have developed...
Archived
What is the statue of limitations for wage garnishments? I had a car loan since 2007, and they are now garnishing?
Carl's answer
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Answered on December 15, 2013
The statute of limitations applies to the time deadline to file the lawsuit. From what I've ready, judgments in Colorado are good for 20 years and...
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Archived
What must be disclosed when a house is sold as is?
Carl's answer
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Answered on December 15, 2013
Here is a link that has most of the important rules: http://www.dre.ca.gov/files/pdf/re6.pdf
Before agreeing to purchase the home, hire a...
Archived
What does it mean when the debtor filed a claim on my behalf in the amount $87k in the name of mortgage company under the 3004 r
Carl's answer
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Answered on December 15, 2013
In Chapter 13 cases, the Court sets a deadline for creditors to file claims if order to get paid. No claim = no payment. Rule 3004 gives the...
Archived
What is my recourse for being wrongfully reported to to the credit bureaus?
Carl's answer
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Answered on December 11, 2013
If you have disputed with the debt with the credit bureaus and it still remains on your credit report, you might have a claim for damages under the...
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