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2 Answers | Asked in Bankruptcy for Maine on
Q: I am on a deed with my mother and she lives in the home. Will the property be safe if I file chapter 7.

The value of the property is $53000 and is owned outright.

Anthony M. Avery
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answered on Nov 18, 2024

No... I doubt you can exempt enough value in the house to keep it. The CH 7 Trustee will take your interest and will be a tenant in common with Mother. His interest will be sold, and both of you will lose possession.

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1 Answer | Asked in Bankruptcy and Real Estate Law for Kansas on
Q: Do I have a case for Real Estate Agent fraud?

I hired an RE agent to sell the property, but no offers came before the FC date. I filed Chapter 13 BK to delay FC, planning to dismiss the case once an offer was accepted and sell the home to retain equity.

A week after filing, I received a low offer. To encourage the sale, my RE agent... View More

James L. Arrasmith
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answered on Nov 19, 2024

This situation suggests potential fraud, as your real estate agent appears to have misled you about returning the excess commission after bankruptcy dismissal. Their actions raise red flags - first offering a reduced commission, then suggesting an inflated one with promises of refunding the... View More

3 Answers | Asked in Bankruptcy, Arbitration / Mediation Law, International Law and Internet Law on
Q: How to File a lawsuit The Company on CA [i'm not american] i'm Thailand

i'm in thailand but i need to File a lawsuit The Company in usa

Timothy Denison
Timothy Denison
answered on Nov 16, 2024

Probably easiest to hire an American lawyer to file suit for you in USA.

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1 Answer | Asked in Bankruptcy and Consumer Law for California on
Q: I scheduled a payment on LoadDepot portal on October 14, 2024. The portal did not post the payment and reported late

This is the first late reported by mortgage company in my 30+ years as a home owner

And the late is result of payment portal issue. I did a google search for LoanDepot and search result below.

"On January 5,2024, customers began experiencing issues when trying to log in to the... View More

James L. Arrasmith
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answered on Nov 16, 2024

You have strong grounds to dispute this late payment report given LoanDepot's documented cyber incident and portal issues. The timing of your attempted payment on October 14, 2024, falls within the period when many customers experienced problems with their payment system.

Your perfect...
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3 Answers | Asked in Bankruptcy for North Carolina on
Q: My husband died. I can't afford the home, boat and camper that is in our names. How do I liquidate? File bankruptcy?
Damon Duncan
Damon Duncan
answered on Nov 15, 2024

You could possibly file a bankruptcy, allowing you to surrender the property and liquidate any of the loans that remain on the property. It would also wipe out credit cards, medical bills, and personal loans. However, there are a lot of moving parts so you would want to talk with someone to discuss... View More

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4 Answers | Asked in Bankruptcy for New York on
Q: I've paid 13 months on a chapter 13 bankruptcy so far. I am really struggling to make the payments.

My income consists mainly of Social Security a small New York state pension and I work part-time for 3 months out of the year doing income taxes. I don't understand why my lawyer put me in this chapter 13. Trying the best I can and I'm running out of money

Jonathan David Warner
Jonathan David Warner
answered on Nov 14, 2024

There are a few potential reasons for your being in a Chapter 13, but the ones that I can come up with are:

1. You've filed for Chapter 7 within the last 8 years and your only option for bankruptcy is to file under Chapter 13; or

2. You could not afford to pay an attorney fee...
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2 Answers | Asked in Bankruptcy for Louisiana on
Q: If my Chapter 13 payment increases, where does that extra money go if I have a set amount to pay off in 5 years?

My debt owed was $30,000. I got put in a 5 year plan at $500 a month. So if my payment were to go up, that means the amount I paid in total would be over the $30,000 I was set to originally pay. My lawyer never could answer that for me. I was also told it couldn’t be paid off early.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Nov 13, 2024

YOU, as a Ch. 13 debtor, propose a Plan. So you didn't "get put into" any Plan.

If your Plan deals with secured creditors with perfected liens on property you retain, "extra" money may pay accruing interest on those claims.

And "extra" money may...
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2 Answers | Asked in Bankruptcy for Texas on
Q: John Deere financial sent a letter saying we owe almost 35000 on a skid steer that we gave back to them.
Timothy Denison
Timothy Denison
answered on Nov 13, 2024

Demand an accounting of the entire rental.

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2 Answers | Asked in Bankruptcy for Kansas on
Q: I have a stop payment with one of my creditors. Will the one stop payment cause a issue when filing?

I issued the stop payment because it was for a subscription I had with the creditor to use they're cash advance services. They refused to stop charging me the subscription fee till they received all the money owed to them. I am unable to pay them at the moment so I felt like my only option was... View More

Timothy Denison
Timothy Denison
answered on Nov 12, 2024

No. It should not cause an issue.

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3 Answers | Asked in Bankruptcy for Indiana on
Q: I’m seeking guidance on a bankruptcy case with complicated circumstances.

Initial Bankruptcy Filing: I filed for bankruptcy because of garnishment, but I have been paying as much as I can toward the plan. About a month after filing, I was hit by a car in a severe motorcycle accident, leading to hospitalization and multiple injuries.During treatment for my injuries, I was... View More

Timothy Denison
Timothy Denison
answered on Nov 11, 2024

Have your lawyer recalculate your plan given your current situation. You may be able to reduce your plan payment and percentage. If repayment after a thorough analysis of your finances.

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2 Answers | Asked in Bankruptcy for North Dakota on
Q: My on and off boyfriend pays my rent for me and our child but does not live with me
Timothy Denison
Timothy Denison
answered on Nov 5, 2024

What is your question?

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2 Answers | Asked in Bankruptcy and Real Estate Law for Missouri on
Q: I took my name off of my parents payed off house and put in my two daughters name and one has to file bankruptcy

My daughter has her original last name on the deed but now she married and has a new last name what can we do to protect the house sine the new husband has to claim also.

Anthony M. Avery
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answered on Nov 4, 2024

That daughter's BR could force a sale of one/half of the property. BR Trustee owns all non-exempt property on filing of Petition. Hire an attorney now to advise.

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2 Answers | Asked in Bankruptcy for New York on
Q: Hi - Are there any bankruptcy attorneys that work pro bono that you can refer in Suffolk county?
Timothy Denison
Timothy Denison
answered on Oct 30, 2024

You should be able to get a list from your local bar association or legal aid society.

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3 Answers | Asked in Bankruptcy for New York on
Q: I missed my 341 meeting with creditors. Main reason for missed I didn't received any letter from the trustee
Carl Nelson
Carl Nelson
answered on Oct 29, 2024

You did not ask a question, but assuming you are asking what your next step should be, you should call the trustee’s office immediately and explain the situation. Assuming it was the first 341 it was likely rescheduled, but the trustee’s office will let you know. It is a good idea to follow up... View More

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1 Answer | Asked in Bankruptcy, Consumer Law and Collections for New Mexico on
Q: I currently have a garnishment judgement. Attempted to settle directly but collector denied payment

Attempted 3 times to settle debt directly but all payment has been denied. Request garnishment only.

James L. Arrasmith
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answered on Oct 28, 2024

I'm sorry to hear that you're facing this situation. It must be frustrating to have your attempts at settling the debt directly denied. Since the collector insists on garnishment only, it's important to understand your options.

You might consider filing a motion with the...
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3 Answers | Asked in Bankruptcy for New Jersey on
Q: How do I amend a proof of claim in Bankruptcy Court for the District of NJ?

I received a letter from the lawyers for the trustee stating that I need to amend my proof of claim to remove PTO time from the claim. I’m owed my final week’s pay.

Martha Warriner Jarrett
Martha Warriner Jarrett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 28, 2024

On the Court form for a proof of claim, there is a box to check if it is an amended proof of claim. Fill it out, check the box and file it with the Court like you filed the original proof of claim. The amended claim should state the changed facts. When it is filed, it will automatically supersede... View More

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3 Answers | Asked in Bankruptcy, Family Law and Child Support for Florida on
Q: Filing for bankruptcy. Does it matter if you do that before or after child support is in place?
Martha Warriner Jarrett
Martha Warriner Jarrett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 28, 2024

Probably not but check with your family law lawyer and a local bankruptcy attorney. Most offer free consultations.

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2 Answers | Asked in Bankruptcy for Kansas on
Q: I have a question about Chapter 7, Schedule C, question 3. "Are you claiming a Homestead Exemption of more than...."

I have a question about Chapter 7, Schedule C, question 3... "Are you claiming a Homestead Exemption of more than $189,050?" Kansas (where I am) has an Unlimited Value Homestead Exemption (just an acreage, up to 160 acres outside city limits, limit.)

I'm filing pro se, and... View More

Timothy Denison
Timothy Denison
answered on Oct 27, 2024

You are claiming under $189,500 so your answer is no.

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2 Answers | Asked in Bankruptcy for Florida on
Q: Can lawsuit compensation be used to pay off bankruptcy debt?

My elderly father passed away in a nursing home due to neglect. I filed a lawsuit against the nursing home. It is still pending, and could take up to two years to resolve. If I file for bankruptcy now and win the lawsuit in a year or two. and receive compensation, would I be required to pay off the... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Oct 27, 2024

The Official Bankruptcy Forms you are required to file whether you choose a Chapter 7 or 13 case require you to disclose your lawsuit and put an estimated value on it.

The suit will be treated as an asset of the bankruptcy estate and the bankruptcy trustee may become a replacement plaintiff...
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2 Answers | Asked in Bankruptcy, Consumer Law and Contracts for Indiana on
Q: If you got a ppp loan ad the government is now coming to collect should you turn yourself in or can you contact someone

make arrangements to pay?

Jonathan David Warner
Jonathan David Warner
answered on Oct 26, 2024

If you obtained a PPP loan and the government is looking to be paid back, then one of two things happened: (a) you did not apply for PPP Loan Forgiveness or (b) the government thinks that the loan was wrongfully obtained. It could also be that this is an EIDL Loan, as opposed to one that was... View More

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