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I lost 3 refinance loans so far and can’t sell either. I asked them to remove the lien they said 24,000 dollars and they’ll remove it.
answered on Jun 2, 2024
If a lein is on the real property records because of a prior judgment you cannot get rid of it unless you pay it off or file a Motion to avoid in bankruptcy Court to remove the lien that impairs your exemption. Often the lien does not attach because of Tenancy by entirety protections of a judgment... View More 
65 years old. Live in Virginia. Own home with mortgage and would keep current on payments. Own one car with no loan. No savings.
Would I be judgement proof?
My home equity is $300K. But isn’t a primary residence exempt from unsecured debt creditors?
answered on Nov 27, 2023
You should talk with a bankruptcy lawyer in the state you reside. Whether you can file a ch. 7 and hang on to your house is questionable. Most states do not allow you to retain a large amount of equity. VA. looks at tenancy by entirety ownership and whether your wife is a joint creditor with you.... View More
I spoke to an attorney from New Mexico and he suggested I file bankruptcy in Colorado where I live most of the time. He advised me that it may be possible to file bankruptcy in Colorado under the Homestead Laws for a lien filed from an inaccurate boundary survey judgment. I have questions and need... View More
answered on Aug 8, 2023
Your residency is more where you intend to reside as where you actually spend time. There is a legal footprint of your residency. Where you vote, where you keep most of your assets, what you give out as your address, driver's license, car registrations. I think you confuse the issue of where... View More
I am a U.S. citizen currently in a Ch 13 bankruptcy. My spouse is not included as a debtor. I am the primary listed on the joint returns. We have no unfiled returns. My spouse has a naturalization interview coming up, and we want to know how these taxes in repayment will affect the outcome of the... View More
answered on Apr 12, 2023
11USC525 a says "a governmental unit may not deny, revoke, suspend, or refuse to renew a license, permit, charter, franchise, or other similar grant to, condition such a grant to, discriminate with respect to such a grant against, deny employment to, terminate the employment of, or... View More
Auto has a few thousand dollars in equity which I think is exempt. I recall there being an issue with both types of loans with the same lender. If so, is it a state law specific to Virginia?
answered on Feb 15, 2023
I agree that cross collateralization muddies the issue. Yes you can reaffirm the secured debt but may find the value of the car makes some of the unsecured debt secured which may have reaffirm a small portion that now is secured by a value greater than the secured car loan to the value of the car.... View More
Debts. He paid him 100,000 not to lose his house. The lawyer ( trusty) and his wife came in to short sell my brothers and his families house. He thought the case was closed. He is now suing him for the third time and his LLC which is my mothers land and property. This is occurring in the Eastern... View More
answered on May 23, 2022
WEll there must be more to the issue and a lot of questions remain open. Was there a fraudulent conveyance to LLc. Was there a final short sale to the attorney or was the title a fraud in transfer. Was this ch 7 11 13 or ch 5. You really need an experienced bankruptcy lawyer next to a real estate... View More
I have medical things that need done but can’t even afford the copays
answered on Jun 3, 2021
If you are so far in debt and your income is limited you have an absolute right to file a chapter 7 bankruptcy (8 yr between bankruptcy filings). I have a cut off of around $10,000 in debt as when a person really needs to follow up with bankruptcy. If you do not pay they sue you and garnish your... View More
So my new mortgage is $640k . If my son formed a llc. My question is if he by chances get sued for a lease hold or food poisoning .. God forgive. Can landlord come after our house? How can I protect most of my interest of the house.
Dave
answered on Jun 3, 2021
I think you want to keep your son's business away from your house title. Increasing your loan on the house does not cause exposure to his creditors. One thing ,make sure your son has no interest ( like a remainder) interest in your house.
Just because you help your son get funds for... View More
This is if both the defendant and attached business are named in the settlement. There would be a stipulation for entry of judgment attached to the settlement. The concern is the defendant defaulting and possibly filing bankruptcy prior to making payments.
answered on Jun 3, 2021
Under a ch. 7 filing you file a claim for the full amount you were owed. You will not get that from the bankruptcy Trustee as he has to split the pie with his fee and the other creditors. The settlement agreement may be interpreted as paying off a lump sum. When the bankruptcy says the debt is... View More
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