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Questions Answered by Radha Rothrock
4 Answers | Asked in Bankruptcy for Florida on
Q: I HAVE NO MONEY TO PAY FOR SERVICES..CAN I RECEIVE HELP FROM SOMEONE?
Radha Rothrock
Radha Rothrock answered on Dec 2, 2012

Try legal aid or the bar association in the county where you live. Sometimes they provide you or direct you to someone who will provide you free services or low cost services. If you are filing a chapter 13, many attorneys will also accept your case for little money down.

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3 Answers | Asked in Bankruptcy for Florida on
Q: Deadbeat Dads do i need a bankruptcy lawyer
Radha Rothrock
Radha Rothrock answered on Dec 2, 2012

Bankruptcy won't discharge child support obligations.

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2 Answers | Asked in Bankruptcy for Florida on
Q: Is a motion for relief from judgment or order form the same as a motion for summary judgment?
Radha Rothrock
Radha Rothrock answered on Dec 2, 2012

No. In a motion for summary judgment, you are trying to get a judgment against someone. In a motion for relief from judgment, you are trying to set aside a judgment that was already entered.

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2 Answers | Asked in Bankruptcy for Florida on
Q: Can a trustee ask for fees and expenses through the courts 18 months after our bankruptcy was finalized.
Radha Rothrock
Radha Rothrock answered on Dec 2, 2012

Yes. If you are filing bankruptcy in the Fort Myers division of Florida, many of the cases in which assets were recovered are not completely administered for 18 months. It's not uncommon for the fees and expenses to be paid for several months after you file.

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3 Answers | Asked in Bankruptcy for Florida on
Q: I owe $50,000 on my property, valued at $160,000, $30,000 in credit card debt. Could I lose my home in bankruptcy?
Radha Rothrock
Radha Rothrock answered on Dec 2, 2012

You will lose the home if you do not pay the mortgage. If you continue to pay the mortgage on the $50,000, you can claim the $110,000 of equity as exempt property in your bankruptcy and discharge the $30,000 in credit card debt provided you meet all the other qualifications for bankruptcy.

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3 Answers | Asked in Bankruptcy for Florida on
Q: If I declare bankrupcy, will my 401K, Social Security and Roth IRA be protected?
Radha Rothrock
Radha Rothrock answered on Dec 2, 2012

Most of your retirement assets are protected if you file bankruptcy. Be careful if you rollover IRAs and then file bankruptcy. The rules can get tricky there. Consult with a bankruptcy attorney before transfering the retirement.

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2 Answers | Asked in Bankruptcy for Florida on
Q: My wife use to be on the title of her mom's house but we did a quit deed and are filing ch. 7 bankruptcy, any problems?

The quit deed happened a year prior to this. The trustee is thinking fraud but we had no intentions of that. Will we be okay? (Florida)

Radha Rothrock
Radha Rothrock answered on Dec 2, 2012

The issue is whether you intended on committing fraud. The trustee and creditor will likely take the position that the reason you quit claimed the property was to avoid having the property sold to pay the creditor's debt. If there was money owed on the property and no equity in it, you could... Read more »

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3 Answers | Asked in Bankruptcy for Florida on
Q: Do I have to use an lawyer to file for bankruptcy?
Radha Rothrock
Radha Rothrock answered on Dec 2, 2012

You are not required to use an attorney to file bankruptcy if you are an individual; however, it is highly recommended.

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2 Answers | Asked in Foreclosure for Florida on
Q: How do I answer a foreclosure complaint?
Radha Rothrock
Radha Rothrock answered on Jan 22, 2013

You should really hire an attorney for this. If you don't raise a defense, you will waive it later. I have had so many people come to me at the last minute asking me to take a case and I have to tell them that they waived all their defenses by not stating them earlier. If you can't... Read more »

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2 Answers | Asked in Bankruptcy for Florida on
Q: How do I find out if someone is filing for bankruptcy?

Is this public information?

Radha Rothrock
Radha Rothrock answered on Dec 2, 2012

You could also call the Clerk of the Courts for the Bankruptcy Court in the district where the person resides.

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2 Answers | Asked in Bankruptcy for Florida on
Q: I wanted to surrender my home during bankruptcy, but also want to stay until the bank forecloses

Now the bankruptcy trustee is forcing short sale. Is this right?

Radha Rothrock
Radha Rothrock answered on Dec 2, 2012

It depends where you live as far as what the trustee will do. In the Fort Myers division of the Middle District of Florida, the trustees typically don't force the short sales because the properties are so far under water here.

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2 Answers | Asked in Bankruptcy for Florida on
Q: A Bky will appear on your credit report for 10 years? I thought it was for 7 years. I filed in 2004
Radha Rothrock
Radha Rothrock answered on Dec 2, 2012

It will appear on your credit report for 10 years but you can usually rebuild your credit within 2 years and you are generally eligible for a new mortgage within 3 years of the discharge.

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2 Answers | Asked in Bankruptcy for Florida on
Q: I was told a company that owes me money filed Chapter 11 about a month ago. How canI find out for sure?
Radha Rothrock
Radha Rothrock answered on Dec 2, 2012

If the case was filed a month ago, you should have received notice from the court by now. If you haven't received notice, use PACER as the other attorney suggested. You can also try the United States Trustee's Office, which oversees chapter 11 cases or you could try the bankruptcy... Read more »

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2 Answers | Asked in Bankruptcy for Florida on
Q: I have been refused a modification because I am unemployed. Can a Bankrkuptcy save my home?
Radha Rothrock
Radha Rothrock answered on Dec 2, 2012

The bankruptcy will save your home . . . temporarily. Filing bankruptcy will suspend collection activity temporarily, but the creditor can file a motion in the bankruptcy court to resume the foreclosure. If you do not have any income, you won't be able to make the mortgage payment. If you... Read more »

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3 Answers | Asked in Bankruptcy for Florida on
Q: I am in the middle of a modification. Can I do a Bky?
Radha Rothrock
Radha Rothrock answered on Dec 2, 2012

If you are filing in the Fort Myers division of Florida, you should wait until your modification is complete before filing a chapter 13 or else you will have to pay your mortgage payment and mortgage arrears through the chapter 13 plan. Of course, if the foreclosure is imminent, you might not have... Read more »

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