Archived
My wife and I filed a joint bankruptcy, via an attorney, fully discharged in 2004 without any payment plan.
Mitchell's answer
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Answered on June 26, 2012
If the lien was filed AFTER you filed for bankruptcy, then it is VOID. If the lien was filed BEFORE you filed, then it is valid.
See an...
Archived
In Chapter 13, I can't afford the payments in the schedule and still pay my rent. Should I voluntarily dismiss or convert to 7?
Mitchell's answer
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Answered on June 26, 2012
Another option is a plan amendment. Talk to an attorney.
Archived
I'm in a 7 year relationship (not married). I'm in the process of starting my own business, how can I protect myself?
Mitchell's answer
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Answered on June 26, 2012
Without getting married, you can try a trust. You can try a corporation or LLC for the business. A family law attorney who handles trusts and...
Archived
How do join/include my wife as a co-plaintiff in my Adversary complaint in Bankruptcy when she is not a party in the BK case?
Mitchell's answer
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Answered on June 26, 2012
What are you suing for? If it was for something that happened pre-petition, it is an asset that must be scheduled. If it is something that happened...
Archived
How long with it take for the credit card companies to get a judgement on me?
Mitchell's answer
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Answered on June 26, 2012
They can keep charging per the terms of the contract. Then, they can sue you, sell the debt or write it off. I doubt they will forgive it. After a...
Archived
We have a loan at a bank and we fell behind a month and now they have taken the money out of our account with no warning.
Mitchell's answer
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Answered on June 26, 2012
Ask the bank for their authority to take out the money. They may have a setoff right. If you disagree, see a local attorney who handles banking...
Archived
How do I find out about a bankruptcy ? Ihad a judgement against someone and then I filed for a wage garnishment.
Mitchell's answer
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Answered on June 26, 2012
Bankruptcy does not remove liens without a separate motion or lawsuit filed with the bankruptcy court. If you have a valid lien, you can exercise...
Archived
How can i make a lawyer trying to collect a debt stop calling my job and i have informed him i cant receive these kind of calls
Mitchell's answer
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Answered on June 26, 2012
Sue him in federal court under the Fair Debt Collection Practices Act. See a local attorney for assistance.
Archived
Landlord is filing chapter 13 bankruptcy. says giving up the house. if we have a lease agreement will we be kicked out?
Mitchell's answer
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Answered on June 26, 2012
There is a federal law that protects tenants of residential property in the event of a foreclosure. The Protecting Tenants at Foreclosure Act of...
Archived
Is there a statue of limitations on student loans at university college in md
Mitchell's answer
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Answered on June 26, 2012
Private loans fall under the statute of limitation. Federal loans do not. Regardless, they do not have to continue to provide services to you.
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