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Questions Answered by Mr. J. Thomas Black
2 Answers | Asked in Bankruptcy for Mississippi on
Q: Can i file chapter 7 again it has been over six years

In 2008 filed chapter 7 in az moved to Mississippi in 2008 can i file chapter 7 again?

Mr. J. Thomas Black
Mr. J. Thomas Black answered on Aug 28, 2014

You can file again, but you would not be eligible for a discharge in a case filed now.

Under Section 727(a)(8) of the Bankruptcy Code, you cannot receive a discharge in chapter 7 if the case was filed within 8 years of the filing of a prior case under chapter 7.

However, under...
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1 Answer | Asked in Bankruptcy for North Carolina on
Q: Joint bankruptcy with someone other than spouse?

My disabled mother and I live together, I file head of household and she's my dependent. I've lost my job, (no income) can we file bankruptcy jointly or do I file individually?

Mr. J. Thomas Black
Mr. J. Thomas Black answered on Aug 28, 2014

Under Sec. 302 of the Bankruptcy Code, joint bankruptcy cases can only be filed for spouses. Unfortunately, if the two of you have to file bankruptcy, you would have to file two individual cases.

1 Answer | Asked in Consumer Law for Texas on
Q: When in the process of converting a variable home loan to a fixed rate do we have the legal right to know end investor
Mr. J. Thomas Black
Mr. J. Thomas Black answered on May 11, 2013

Yes. The federal Truth In Lending Act (TILA) was amended in the recent past to provide that borrowers can request the name of the investor on their loan from their mortgage servicer, and the servicer must provide it. Otherwise, the borrower can recover any actual damages, statutory damages, costs... Read more »

1 Answer | Asked in Bankruptcy for Texas on
Q: After filing chapter 13 we have a balance on hand. what is a balance on hand mean?
Mr. J. Thomas Black
Mr. J. Thomas Black answered on May 11, 2013

I'm not 100% what you are referring to, but if you are referring to your chapter 13 trustee having a balance on hand, that is not unusual.

Your chapter 13 trustee cannot make distributions to your creditors, unless and until the Bankruptcy Court approves the plan, or the Trustee is required...
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1 Answer | Asked in Bankruptcy for Texas on
Q: How much does it cost to file for chapter 7 bankruptcy?
Mr. J. Thomas Black
Mr. J. Thomas Black answered on Mar 21, 2013

There is a $306 filing fee currently charged by the U.S. District Clerk to file a Chapter 7 case. If you are very low income and have no assets, it's possible to ask the court to waive that amount or let you pay it in installments.

There may also be a small fee for the required credit...
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