Archived
If the debt was omitted knowingly and intentionally with concrete proof, does it make the debt nondischargeable with no excuse?
Gerald's answer
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Answered on August 03, 2010
Academically you are correct, however, in practice, it may be a different story. What type of debt is it? Is it based in contract or tort? Are...
Archived
I have issued a mortage for a home I own. The person responcible for the loan had defaulted. how do I start foreclosure?
Gerald's answer
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Answered on July 26, 2010
Google "Foreclosure Trustee Services"... you will find big companies and small companies that should serve you well.
Archived
If I do a short sale, will I have a deficiency judgment/
Gerald's answer
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Answered on July 23, 2010
You need to speak with your bankruptcy lawyer asap.
Further, you may lose rights if you conduct a short sale and the short sale approval does...
Archived
Undecided as to Chapter 13 Bankruptcy
Gerald's answer
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Answered on July 23, 2010
I see too many people come into my office wishing they would have never taken their IRA out to pay debts. IRA's are meant for retirement.
I...
Archived
I am looking for an attorney who will take the case on contingency basis. I am a creditor of a re-opened case.
Gerald's answer
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Answered on July 22, 2010
Sadly, you must seek competent counsel to deal with this. You won't find any attorneys to take this on contingency. It is simply not a...
Archived
Do I have any recourse in this matter?
Gerald's answer
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Answered on July 21, 2010
Your best option may be to use the power of the bankruptcy code found in chapter 13. If you do not file and your loan modification gets denied,...
Archived
How do we find out who our landlord's bankruptcy trustee is?
Gerald's answer
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Answered on July 21, 2010
If you have the bankruptcy case number, any bankruptcy lawyer can look it up on the court's bankruptcy website (called PACER). If you do not, you...
Archived
What does trustee's discreation mean?
Gerald's answer
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Answered on July 21, 2010
It also means the trustee can postpone the sale at its discretion.
DISCLAIMER—This answer is for informational purposes only under the AVVO...
Archived
Looking for best alternative to postponing trustee sale 8/11/2010; loan mod approved with unfavorable terms- need more time
Gerald's answer
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Answered on July 21, 2010
Your question cannot be answered effectively in this setting. Please call my office and set up a time to speak with me. I will provide you a free...
Archived
In California, if a Bank such as Chase own BOTH the FIRST and SECOND mortgage, can they collect on the SECOND after shortsale?
Gerald's answer
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Answered on July 21, 2010
Yes, it all depends on the short sale language in the approval. In fact, depending on the tricky language the lender uses, they may still be able...
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