Archived
Can we go default on a chapter 13 due to them raising our monthly payment by $600 and seek another attny?
Richard's answer
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Answered on August 17, 2018
Yes is answer. But why? You have not indicated you discussed with your attorney . They may not realize it. And maybe a call from them to trustee...
Archived
How do I respond to summons?
Richard's answer
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Answered on August 17, 2018
The reason is it is not filed with court yet and does not have to be. Thus, there is no case number on it as it is a Superior Court not a District...
If I have a 100 percent plan in ch 13 and part of that debt is owed to family can I make additional payments to them ?
Richard's answer
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Answered on August 17, 2018
You can pay extra but to trustee. Trustees records will show balances and payments and when applicable interest rates. And only filed and allows...
Archived
Is a 341 creditors meeting worth while?
Richard's answer
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Answered on August 16, 2018
I wont repeat what is already stated in those 2 great answers! I will add that if you thought the debtor had paid any monies to a relative in last...
Would catching up on back rent ($4k) be considered a preference payment if paid prior to filing chapter 7 bankuptcy? I got some$
Richard's answer
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Answered on August 16, 2018
Great question..never seen that in 31 years! As you can see different answers. But all must look at 11 USC 547 for whether it is a preference or...
Can the trustee come after my tax return if bankruptcy is discharged and closed?
Richard's answer
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Answered on August 16, 2018
Missing is the crucial thing: did you in fact list the tax refund in Schedule B and exempt it in Schedule C? If you did and approximately same as...
Archived
Can I file bankruptcy in my new state?
Richard's answer
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Answered on August 16, 2018
I agree with the other answers UNLESS your "principal assets" were in the new state which is a rare exception to file there under 28 U.S.C. 1408;...
Archived
I want a 2nd opinion on what is happening with my Chapter 7 and What are my rights?
Richard's answer
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Answered on August 16, 2018
No attorney on AVVO can possibly answer what you should do. Why? Because we don't know all the facts: the types of debts, assets, values, equity,...
Archived
A father & 2 sons are on title each owns 33%. Father has federal Judgement, If we sell how will the judgement affect the 2 sons?
Richard's answer
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Answered on August 16, 2018
This appears NOT to be a ch 7 question but really a real estate question. I would assume the judgment only attaches to HIS interest assuming you...
Archived
Daughter is disabled with 3 children. Married but he won't work. About to lose home. Wants to file a 7 but keep home. Can she?
Richard's answer
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Answered on August 16, 2018
You cant act for her. SHE needs to seek advice if she wants it. Maybe she needs to look at her marriage if she cant afford and husband is not...
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