Archived
When filing a Notice of Appearance and a Proof of Claim after the Bar Date does it need to be a motion or just submit? NJ
Richard's answer
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Answered on August 22, 2018
First, file a proof of claim and in it explain you did not receive notice of the case until after the claims bar date too.
Second, see an...
Archived
How to remove a lien off your house after Chapter 13 has been discharged?
Richard's answer
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Answered on August 22, 2018
You need to seek an experienced bankruptcy attorney as there are TOO many issues to go through and beyond the scope of AVVO. Furthermore, a quiet...
Archived
Can my husband get a tax refund if we file our taxes separately? I filed Chapter 13. He did not.
Richard's answer
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Answered on August 22, 2018
First, the plan if confirmed governs. What does it say?
Second, the order confirming a plan may also include provisions..what does it say?...
Archived
Do I need to worry?
Richard's answer
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Answered on August 22, 2018
That depends on facts and laws of each state.foe example if you lived in washington and lived with her 10 years and helped make payments so she...
Archived
Ch 7 dischargability for administrative court costs (not punitive such as fines)?
Richard's answer
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Answered on August 22, 2018
Collection costs of enforcing a criminal fine may be dischargeable. Fines are governed by 11 U.S.C. 523(a)(7). Please review that. There are many...
How do I get automatic stay for chapter 13 lifted in family court if my spouse filed four years earlier ?
Richard's answer
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Answered on August 22, 2018
You have a misconception on the "stay". You have the right to proceed ANYTIME with a divorce. 11 U.S.C. 362(b) EXPRESSLY provides a bankruptcy...
Archived
If i filed ch 13 in 2000 and discharged 2005, can I now file chapter 7? in 2018
Richard's answer
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Answered on August 22, 2018
Yes..it is 8 yrs between ch 7 petition dates to allow a discharge. It is 6 years after a ch 13 petition date to filing a ch 7 case unless you paid...
Archived
I started out with an attourney and chapter 7, and now he is trying to push me to ch 13 ?
Richard's answer
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Answered on August 22, 2018
No attorney on AVVO could possibly know why. Maybe you don't beat the means test, or trying to save a house, or have a marital dissolution debt, or...
Archived
How do I stop a garnishment that has continued after filing Chapter 7?
Richard's answer
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Answered on August 22, 2018
Ask her to call the creditor and have them provide her a copy of the release. Then she takes that release to the payroll department. Ask if it can...
Archived
What happens if my husband hasn't paid taxes in 12+ years and we buy a house together? Will I also be liable for his tax debt?
Richard's answer
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Answered on August 22, 2018
ANY purchase of a house if financed no matter what he will have a legal interest in no matter what. Why? Because all earnings during the marriage...
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