Archived
Once I file BK, is it true there is a 90 day Stay placed on the creditors
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Answered on February 08, 2014
First, you must distinguish between the creditor needing to obtain a bankruptcy court order to proceed versus continuing the foreclosure once they...
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Archived
I filed chapter 7 in 2010 on a loan for a house and received a 1099 C do I have to claim it?
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Answered on February 08, 2014
During “tax season” we see this question asked over and over if you check on AVVO you will see many replies stating the same thing in essence. Most...
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If a Bankruptcy Chap 7 court, says they abandon all interests in a property, does that mean we have that property back?
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Answered on February 07, 2014
Abadonment is a legal term..it means for every asset that you listed, and that the trustee did not administer..it is abandoned back to you at...
Archived
Renter wants to file Chapter 7. What happens to our rental home if bankruptcy happens before eviction of renter??
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Answered on February 07, 2014
Your home is yours..the court cannot sell it if renter files. You hire an attorney to file a motion for relief from stay is what most landlords do...
My attorney insisted on showing my home as exempt in bankruptcy even though I do not want to keep the house.
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Answered on February 06, 2014
You do NOT show you ever reaffirmed the debt in bankruptcy court. If you did not, and never refinanced since your petition was filed you owe...
Archived
I know usuly in chapter 7 the judge leave the debeter keep his house for the family so they don't go on the street , so how
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Answered on February 05, 2014
A judge has no right to take ANYTHING Into consideration other than the law. Thus, the law is what YOU want to know. Employ a bankruptcy attorney...
Archived
Discharged chap 7 bk with no reaff on mortgage. Have the opportunity to buy a house for 75% less than current mortgage. Current
Richard's answer
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Answered on February 05, 2014
First, get the new house no matter what if 75% less than current mortgage..but does that mean 75% less than value and a separate house than the...
Archived
Bankruptcy chapter 7
Richard's answer
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Answered on February 05, 2014
First, you CANNOT reaffirm the de3bt now! Too late and most attorneys don't recommend anyway. You obtain all proof of payments and then provide to...
Archived
I filed a chapter 13 bankruptcy last June (2013) I am doing a 100% payback plan, and I am current on all of my payments,
Richard's answer
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Answered on February 05, 2014
Attorney Larkin says it exactly how it is: your plan and the order confirming the plan govern tax refunds. So read those and if not committed then...
Archived
Bankruptcy and divorce agreement
Richard's answer
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Answered on February 04, 2014
I agree with what attorney Larkin states..except I will add that in many cases, the other spouse also files bankruptcy and does not pay the debt...
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