Archived
Can a chapter 13 payment plan be for 3 years with a 2nd mortgage lien strip ? Or does it have to be for 5 years?
Carl's answer
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Answered on January 11, 2013
The Bankruptcy Code only requires a 60-month applicable commitment period for above-median debtors. However, there are some Chapter 13 trustees...
Archived
How can I find an error of law when the judge reward me $200.00 for damage to my truck when I have estimates from $1,000-$1,300?
Carl's answer
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Answered on January 09, 2013
Mr. Chen is probably correct. However, it is also possible that the judge found your repair estimate to be inflated.
Archived
When is a unsecured second lien stripped in chapter 13
Carl's answer
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Answered on January 09, 2013
In most bankruptcy courts, the lien is not permanently stripped until you complete the plan and get a discharge. You need not worry about the...
Archived
Question please: I have a chapter 7 Bankruptcy which was discharged over a year ago. I informed the trustee at the time of
Carl's answer
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Answered on January 07, 2013
This is a very complex issue and different courts have rule different ways on the issue. I came across a really long article on the topic: ...
Archived
What can I do if the defendant in my case has filed bankruptcy close to trial?
Carl's answer
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Answered on January 04, 2013
I concur with the recommendations to file a proof of claim and a motion for relief. I don't normally handle creditor work, but I am in San Diego...
Archived
Can the lender repossess a car for non payments without getting a court order?
Carl's answer
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Answered on January 04, 2013
Until your bankruptcy is on file, the lender can legally try to repossess the car without a court order. Once the case is filed, you are...
Archived
Can I sell my house ,a credit card company filed a lawsuit but no judgement has been made
this was done last month
Carl's answer
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Answered on January 04, 2013
i wouldn't do anything without consulting with a Florida attorney. In practice in California and out here, the funds from the sale of a home can...
Archived
Ca home was foreclosed on 9 Nov 2012.
They apparently "noticed" me Dec 2011.Possibilities of [email protected]
Carl's answer
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Answered on January 04, 2013
You need legal counsel right away. If you go to court, there is a strong presumption in favor of the validity of the foreclosure, so you face an...
Archived
We lost our home about 2 years ago in New Mexico. We tried to get help from BoA but no good ending, anything we can do now?
Carl's answer
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Answered on January 04, 2013
2 years is an awfully long time to wait to seek legal help. You should contact a local real estate attorney to review your matter to see if...
Archived
Chapter 7 and Unlawful Detainer for possession
Carl's answer
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Answered on January 04, 2013
Jane Smith still needs to seek relief from the automatic stay.
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