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answered on Nov 13, 2018
Some attorneys will offer lower fees based on income, but remember that what an attorney offers you is based on their experience and the time they can afford to spend on your case. Bankruptcy is an important matter and whether it is done well or poorly can have lasting effects. Most people with... View More
answered on Oct 31, 2018
Yes! Chapter 13 is used by many people to not only stop the foreclosure, but the repay the past due mortgage while keeping the ongoing mortgage current. If that's your situation, you should talk to an experienced bankruptcy attorney in your area to find out if that would be a good option for... View More
answered on Oct 18, 2018
Most people that find they are in a significant amount of unsecured debt, such as credit cards, have income. Over time, charging and making the minimum payment, with perhaps a few late charges here and there, will cause the amount of the debt, and the minimum monthly payment to increase to the... View More
Married for 3 years and we do not live in that house, I rent.
answered on Oct 1, 2018
Interview 2 or 3 experienced bankruptcy attorneys and hire 1 of them to represent you. That attorney should be made aware of the real property and the prenuptial agreement. In some situations, the bankruptcy attorney will consult with an experienced family law attorney to review that agreement.... View More
I gave him a stack of creditor addresses and names all three of my credit reports and he didn't list them in the schedule when he filed for bankruptcy chapter 7
answered on Sep 29, 2018
If you have paid an attorney to file your bankruptcy, that attorney should be answering your questions. There may be a reason. Ask and find out. If you paid an attorney and they won't answer a question like this, something isn't right.
I am in active bankruptcy (not yet discharged) My home was sold to satisfy claims. The Trustee issued me $75K for my Homestead Exemption and said it should be reinvested in a primary residence within 150 days. What are my options (i.e., rent? motorhome? co-invest?)?
answered on Sep 21, 2018
The trustee is apparently taking the position that the exemption must be valid until the case closes. I have not run into this exact situation with a sale, other than having the entire property abandoned by the trustee by court order so my client could sell while still in the bankruptcy case, but... View More
I sued my landlord for illegal eviction in San Jose, CA. 1 day b4 settlement conference (not trial yet), landlord offered 15k and filed ch13 next day. 2 parties filed claims – IRS for $436 and me 400k. ch13 plan offers class7 13.6K over 5 yrs. my lawyer doesnt think worth it because landlord... View More
answered on Sep 11, 2018
If you don't have an attorney, you need one now. Find an experienced bankruptcy attorney that handles litigation.
An objection to proof of claim like this will be resolved in litigation over whether the other party has a claim. This isn't about whether the claim is... View More
He has filed bankruptcy 3 times. I was on the bankruptcy the last 2 times but don't ever want to be involved with one again.
I will be inheriting someday and wonder if his creditors will go after the estate.
answered on Sep 11, 2018
In answering the part of your questions about whether your husband's creditors can go after your future estate, the gener answer would be no both in or out of bankruptcy. Unless the creditor obtains a judgment against you, which may be possible, only your husband's community or separate... View More
answered on Aug 24, 2018
You should always at least consult with an experienced bankruptcy attorney before filing bankruptcy. I also recommend hiring one that you like to represent you. It is well worth it for the peace of mind knowing that your case was properly handled.
The answer to your question is "it... View More
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