Archived
Is the bank whom your house is financed to
required to file with the court a claim for the deficiency in chapter 13
Richard's answer
|
Answered on June 04, 2014
No..they don't. But the trustee maynot pay any secured debt w/o a proof of claim being filed. If you are keeping the home you will want them paid...
Archived
In a Chapter 7 filing, what is the difference between a priority versus non-priority un -secured claim or debt owed?
Richard's answer
|
Answered on June 04, 2014
11 USC 507 reflect a governmental policy on who to pay first from any monies available. It states as follows and if not in there, then not a...
Selected as the best answer
Archived
I have a creditor trying to garnish my wages without notification to me.
Richard's answer
|
Answered on June 04, 2014
Go to the court clerk and obtain a copy of how they served you with the lawsuit originally in case there is bad service. If bad see any attorney ;...
Selected as the best answer
Archived
We're contemplating to file Chapter 7 due to foreclosure and have a business as sole proprietors
Richard's answer
|
Answered on June 04, 2014
You have no equity in house, so wild card can easily be used for that if you want. This assumes you PERSONALLY own the business assets and not a...
Archived
The debtor received chapter 7 about six month ago. I want to file to revoke the discharge for the debt owed to me due to fraud.
Richard's answer
|
Answered on June 04, 2014
I just wanted to add that if it is possible for you to find the debt non dischargeable for just your debt that is best as that way all the other...
Archived
Acct. reported as included BK7 now reported as CO/sold. Co. included within BK7.
Richard's answer
|
Answered on June 04, 2014
First, any creditor can sell any interest in any asset they want like an account receivable. However, it is worthless because of the discharge....
Archived
Will doing a loan modification after chapter 7 bankruptcy restart personal liability? Allow them to record a new lien on home?
Richard's answer
|
Answered on June 04, 2014
Please see my answer to your 2nd question posted as it applies here also then.
Archived
If mortgage bank failed to record lien, I discharged debt in chapter 7. Now they are offering loan mod. Allows them to record?
Richard's answer
|
Answered on June 04, 2014
First, the filing of bankruptcy acts as a stay to create, perfect, or enforce any lien against property of the estate. 11 USC 362(a)(4). There is...
Archived
Can my new husband and I file for bankruptcy if I had done so in a previous marriage 4 years earlier?
Richard's answer
|
Answered on June 03, 2014
First, your husband can file no matter what and both of you can sit down with an experienced bankruptcy attorney to discuss that. If just he...
Selected as the best answer
Archived
I made a honest small mistake on a credit app and now my creditor filed a complaint against my BK case saying I lied on the app
Richard's answer
|
Answered on June 03, 2014
I doubt very seriously that they would prevail at a trial. Why? First, if they lose at trial then they may owe all your attorney fees pursuant to...
Selected as the best answer
Ad
Transform legal challenges into solutions.
Connect now to review your situation.
The Avvo Rating explained
The Avvo Rating explained