Archived
Loaned money, secured it with their business and home. Heard they're going thru chap 7, can I get a lien on the business/home?
Robin's answer
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Answered on September 21, 2011
Assumption: Lien was not perfected or recorded against property at the time of the loan.
If you are a regular creditor, the lien can be avoided...
Archived
How do we get her "protection" from the city while the banks are slow in foreclosing?
Robin's answer
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Answered on August 31, 2011
I sympathize with your mother's situation. As the previous answer states, your mother is responsible for costs related to the real property as long...
Archived
Can Discover Bank take your personal assets for non payment of a personal loan?
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Answered on August 29, 2011
In Colorado, if your case is in county court and you have been served with interrogatories, the creditor already has a judgment against you. If you...
Archived
My 2nd mtg. was included in my discharge and was not reaffirmed. I've continued paying it but do I have to?
Robin's answer
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Answered on August 29, 2011
As the other answers indicate, loans generally are dischargeable; liens survive a discharge if the property is not redeemed or surrendered during...
Archived
We filed Chapter 13 and included HOA dues.
Robin's answer
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Answered on August 22, 2011
This question should probably be addressed by your attorney if you were represented in the chapter 13. It is difficult to give you a succinct...
Archived
I receive SSDI. Received garnishment notice today on my account.
Robin's answer
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Answered on August 18, 2011
If you are being sued (by the plaintiff), you are the defendant. Social Security benefits and proceeds, if traceable, are exempt from creditor...
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Archived
Can i discharge a debt from a district court judgement in bankruptcy court?
Robin's answer
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Answered on August 18, 2011
The debt is dischargeable as long as there was no "death or personal injury caused by the debtor’s operation of a motor vehicle, vessel, or...
Archived
Does a granted relief of stay in a Ch. 7 still apply if a Ch. 13 is filed after the 7 is closed?
Robin's answer
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Answered on August 01, 2011
If you file a chapter 13 within 1 year of the closing of the chapter 7, the automatic stay in the chapter 13 case will terminate automatically 30...
Is recording a Transcript of Judgement with the County Clerk & Recorder all that is required for attaching a lien in Colorado?
Robin's answer
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Answered on July 27, 2011
Under Colorado law, an owner-occupier can exempt or protect up to $60,000 (or $90,000 if the elderly or disability conditions are met) of the...
Archived
We recently filed for chapter 13 with the 506 motion for a lien strip. The second mortgage company contested the lien strip.
Robin's answer
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Answered on July 26, 2011
A "lien strip" in chapter 13 is all or nothing. If there is a penny of equity securing the lien, the trust deed (mortgage) survives the bankruptcy....
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