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Questions Answered by Clark Dray
2 Answers | Asked in Bankruptcy for Wisconsin on
Q: My father was approved for a mortgage but must pay a credit card filled under bankruptcy as closing costs. Is this legal
Clark Dray
Clark Dray answered on Jul 18, 2019

I suspect that they want the credit card paid because it's showing an outstanding balance. Your father may want to consider figuring out which credit report is still showing the outstanding balance and file a dispute so the card shows as discharged in bankruptcy. Once the balance is resolved, the... Read more »

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4 Answers | Asked in Bankruptcy, Foreclosure and Probate for New Jersey on
Q: What can I do to stop foreclosure on the house and settle parents' estates w/o taking on responsibility for their debts

that could potentially affect my credit. Both parents died in 2017 with NO wills. They both have massive amounts of medical debt and there is a mortgage on the home. I'd prefer not to move from the home and am named as an heir by the mortgage company (and named resident) and am contemplating... Read more »

Clark Dray
Clark Dray answered on Jul 16, 2019

I strongly suggest you speak with an experienced probate lawyer in your area. While you can pay the mortgage and get it caught up to avoid the foreclosure, the bigger issue is the question of how you get this home in your name. You'll have to administer your parents' estates to make this happen,... Read more »

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3 Answers | Asked in Bankruptcy for Kentucky on
Q: I am having problems with bank about a past bankruptcy

I filed chapter 7 in 2008

My lawyer was supposed to remove my car off of it. I refinanced car right after bankruptcy. In 2011 I got beside on payments. Then the bank comes back and said I filed bankruptcy on it so I gave it back to them. A few months ago the sent me a letter saying they... Read more »

Clark Dray
Clark Dray answered on Jul 8, 2019

Please correct me if I've misunderstood, but in your question you indicated that you filed bankruptcy in 2008, but then refinanced the car in 2011. If the refinance took place after the bankruptcy, that's new debt which isn't included in the 2008 case. As such the creditors are within their rights... Read more »

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3 Answers | Asked in Bankruptcy for Georgia on
Q: i owe twice the amount the car is worth i cant keep up with payments, not had a whole yr. got screwed Bankruptcy?

i am 36 yr old woman went to carlot alone & got talked into getting a car thats worth 10,000 for 18,000. i havent had the car 7mo dont wont to buy do i need to file bankruptcy or am i stuck or what?

Clark Dray
Clark Dray answered on Jul 8, 2019

A bankruptcy can be a useful tool in this situation. You could discharge the debt in a Chapter 7 bankruptcy and surrender the car. Alternatively, you might be able to get a redemption loan to pay off the vehicle through the bankruptcy for its fair market value. Talk to a local bankruptcy attorney... Read more »

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4 Answers | Asked in Bankruptcy and Divorce for Ohio on
Q: Do I have to have a finalized divorce before I can file bankruptcy?

I am still legally married. We have lived separately for well over 4 years. I would like to file bankruptcy. I've been told that in order to do so that we both would have to file. He doesn't want to. I need an idea of where to start. Should I start the divorce first or is there a way to do the... Read more »

Clark Dray
Clark Dray answered on Jul 3, 2019

There's no reason your spouse needs to file bankruptcy with you. Even if you were living together, you could file bankruptcy without him.

As to the question of whether you should file the bankruptcy before or after the divorce, opinions vary and you'll want to talk to a local divorce lawyer...
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3 Answers | Asked in Bankruptcy for Florida on
Q: Wife recently bought house in FL, I'm not on mortgage but only deed. If I file chapter 7 bk, will house be a part of bk?

All our finances/debt are separate and the home loan is solely in her name (I'm only on the deed of trust). I have a large amount of debt that I can't pay on my own and can't barely manage with both our incomes. All un-secured debt (no car loans, installment loans, etc...). Wanting to know if... Read more »

Clark Dray
Clark Dray answered on Jun 27, 2019

A full answer is beyond the scope of a forum such as this, but the underlying concern is whether there's any non-exempt equity in the home for the bankruptcy trustee to pursue. Florida has a very generous homestead exemption that, should it apply, would likely fully protect the home. I suspect that... Read more »

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2 Answers | Asked in Bankruptcy for Tennessee on
Q: In a Chap 13 for TN when losing a rental property I own, do I only lose the house or can the bank claim full value?

I own home that turned into a rental 3 years ago but reside in CA. Need to understand TN rules for what the bank can do when the Chap 13 is filed. I heard some states the bank can request the full value of the home in the filings.

Clark Dray
Clark Dray answered on Jun 27, 2019

When you file a Chapter 13 bankruptcy, you get to keep your assets and pay your debts to the best of your ability. Bankruptcy exemptions shelter the value of much of your property, but your creditors have the right to get paid the value of your non-exempt property.

There are complex rules...
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2 Answers | Asked in Bankruptcy for Indiana on
Q: I filed bankruptcy 2 years ago, chapter 7, can I file again?

I have heard you can file but not be discharged for x amount of years is this true? And if so does it keep creditors at bay.

Clark Dray
Clark Dray answered on Jun 27, 2019

You can't file a Chapter 7 however, you can file a Chapter 13. This will be a glorified repayment plan because you're not eligible for a discharge unless 4 years have passed between the filing of the 7 and the 13, but it will keep your creditors off your back.

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2 Answers | Asked in Bankruptcy for Nevada on
Q: Can you file a chapter 13 Four months after you get a standard discharge from a chapter 7.
Clark Dray
Clark Dray answered on Jun 21, 2019

While you can file a Chapter 13 immediately after a Chapter 7, you're not eligible for a discharge of debts unless 4 years have passed between the filing of the 7 and the filing of the 13. A 13 filed within 4 years of a 7 would simply provide for the repayment of debts without a discharge of the... Read more »

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1 Answer | Asked in Bankruptcy for Nevada on
Q: If you file a chapter 7 and get a standard discharge. Can you file a chapter 13 Four months later?

I filed a chapter 7 on 5/03 and received a standard discharge on 10/03. Then I filed a chapter 13 on 2/04 and it was dismissed on 7/04. filed another 13, 8/04 and it was dismissed 2/05. I didn't really file the two chapter 13 but it shows I did but I know who did. My question is this possible?... Read more »

Clark Dray
Clark Dray answered on Jun 21, 2019

While you can file a Chapter 13 immediately after a Chapter 7, you're not eligible for a discharge of debts unless 4 years have passed between filings. Because the two Chapter 13 cases were dismissed, they're not especially relevant from as legal standpoint. However, if you file multiple cases a... Read more »

2 Answers | Asked in Bankruptcy for Florida on
Q: Wondering if transferring my child’s car title out of my ex’s name/into my name will affect his Chapter 7 filing ..

My ex husband & I (divorced since 2016) agreed to buy our 16 year old daughter a vehicle last year. I was unable to qualify for the loan due to my credit so we used his credit, therefore the loan/title went in his name but I have personally made ALL payments including the down payment. The loan is... Read more »

Clark Dray
Clark Dray answered on Jun 21, 2019

You didn't mention the value of the car, but for the purposes of this answer I'm going to assume that it exceeds the exemption amount.

Transferring the title into your name doesn't resolve the issue, it simply changes the nature of the problem. If your husband files bankruptcy with the...
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3 Answers | Asked in Bankruptcy on
Q: If I file chapter 7, will they make me sell my home and property?
Clark Dray
Clark Dray answered on Jun 7, 2019

In a Chapter 7, you retain all of your address which are covered under a broad list of bankruptcy exemptions. These exemptions vary from state to state but generally cover, to varying degrees, household goods, motor vehicle, equity in your home, retirement accounts, etc. This is why hiring an... Read more »

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2 Answers | Asked in Bankruptcy for Florida on
Q: Are VA Disability payments exempt from creditor claims (secured or unsecured) in Florida Chapter 13 bankruptcy?

Began Chpt 13 bankruptcy payments nearly a year ago. Subsequently, the VA awarded me 80% disability payments retroactive to before I filed bankruptcy. I'm 74. I posted this question before, and the two lawyers that responded said this income could not be claimed by the trustee to satisfy creditors... Read more »

Clark Dray
Clark Dray answered on May 21, 2019

Sometimes the law is messy and there's no clear answer. While VA Disability is protected under federal and state law, it's not excluded from income for means testing purposes and a Chapter 13 requires that you pay into the plan all of your disposable income. So there's a conflict there that needs... Read more »

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2 Answers | Asked in Bankruptcy for Texas on
Q: I am a cosigner on a car and the primary is filing for bankruptcy and i am the person who has been current on the car

What am i suppose to do to keep the car if he files for bankruptcy?

Clark Dray
Clark Dray answered on May 17, 2019

It depends on the lender, but in most cases as long as you continue making payment as required you'll be okay to keep the car. If the lender is Ford, they will probably demand that your cosigner reaffirm the debt. That person would need to talk to their lawyer about that.

Please note that...
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5 Answers | Asked in Bankruptcy for New York on
Q: Can a senior citizen with dementia have any sort of assistance in her meeting with the trustee? Memory loss is an issue

Daughter has power of attorney. She needs to recall two addresses and her mental capacity is making it incredibly difficult for her to remember them and state them in the hearing

Clark Dray
Clark Dray answered on May 9, 2019

I agree that many trustees will allow a party with a valid financial power of attorney to appear with and answer questions on behalf of the Debtor. You'll want to check with the Trustee first though, as they don't like to be surprised at the 341 Meeting. My practice is to provide the Trustee a copy... Read more »

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3 Answers | Asked in Bankruptcy for Colorado on
Q: Is there a lawyer who can help me apply for c7 or c13 I don’t have that kind of money but can pay in installments.

In Colorado Aurora Arapahoe county

Clark Dray
Clark Dray answered on Feb 21, 2019

Most bankruptcy attorneys in Colorado, myself included, will allow you to pay your attorney's fees for a Chapter 7 in installments prior to the time your case is filed. The reason your attorney's fees need to be paid before your Ch. 7 is filed is because the unpaid portion of the fees would be... Read more »

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