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District of Columbia Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy and Real Estate Law for District of Columbia on
Q: I am owing the person I bought my house from and they want me to sell the house at a reduced rate reducing by every mont

they're afraid that I would not sell the house so they said I have to reduce it by 10k every month until I get an offer or we go back to court. I'm wondering if there is a law or some kinda of stipulation that I won't be so caged in this tight constraint but still give them the... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 5, 2023

It's crucial to review the terms of any agreement or court order that's currently in place regarding the sale of your home. If the agreement seems unfair or imposes unreasonable constraints, you might consider negotiating new terms that are satisfactory to both parties. Alternatively,... View More

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2 Answers | Asked in Bankruptcy and Real Estate Law for District of Columbia on
Q: I am owing the person I bought my house from and they want me to sell the house at a reduced rate reducing by every mont

they're afraid that I would not sell the house so they said I have to reduce it by 10k every month until I get an offer or we go back to court. I'm wondering if there is a law or some kinda of stipulation that I won't be so caged in this tight constraint but still give them the... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Oct 16, 2023

What the other party demands has no force if a court does not order accordingly.

Assuming, though you have not said so, that you are in a Ch. 13 bankruptcy, the more common provision is to provide, in a Plan, a one-year (or shorter) "drop dead date", by which the property will be...
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1 Answer | Asked in Child Support and Bankruptcy for District of Columbia on
Q: When you have a overpayment how do you get this money back from child support takes weekly payments and half arear

They just stop taking from you after you paid court up in arrears

Timothy Denison
Timothy Denison
answered on Apr 5, 2022

Most likely you will not be able to get it back.

2 Answers | Asked in Contracts, Bankruptcy and Real Estate Law for District of Columbia on
Q: What is the worst that can happen when flipping a house with 100% private money financing??

If I am using someone else's money and a house that I flip sells for less then previously estimated am I out anything more then my time? Or can the private money lender sue me and make me cover the loss?

What if I am using an LLC?

I am mostly worried that the private lender... View More

Richard Sternberg
Richard Sternberg
answered on Mar 19, 2022

If you find a private lender who would not require your personal guarantee and, often, security of your home co-signed by your spouse, you should hold that lender very close… or share his name with me. You will be completely liable on your project unless the lender is an idiot, and most hard... View More

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3 Answers | Asked in Bankruptcy for District of Columbia on
Q: I filed chapter 13 December 3,2020. A creditor/credit union debited my account 7 days prior.How do I recover those fund

I thought it was a certain number of time that debt would have to be returned to the person once they filed bankruptcy. I reside in Virginia.

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Jan 5, 2021

Generally, a debtor or bankruptcy trustee can recover payments over $600 to any unsecured creditor within ninety days preceding a bankruptcy filing, as a "preferential transfer".

But that's not true about secured claims (debts secured by collateral).

Credit unions...
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2 Answers | Asked in Bankruptcy for District of Columbia on
Q: We need to file for bankruptcy can you help?
Andrellos Mitchell
Andrellos Mitchell
answered on Feb 26, 2020

Yes.

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1 Answer | Asked in Bankruptcy and Foreclosure for District of Columbia on
Q: Can the plaintiff's reopen a foreclosure civil case after summary judgment

This is after the case was closed and after the defendant is filed a 7 bankruptcy. DC, the plaintiff has requested a 60-day continuance

Timothy Denison
Timothy Denison
answered on Dec 11, 2019

If the defendant has filed bankruptcy and listed that debt, all action on it is stayed unless relief is given by the court.

1 Answer | Asked in Bankruptcy for District of Columbia on
Q: Freedom Debt Relief can't add AAFES. Is it possible to stay w/FDR but file bankruptcy for only AAFES?

I want to pay my debts that FDR is helping me with. AAFES debt was @ $5k when I was forced into medical retirement from the Air Force in 2011. Even though AAFES has diverted @ $3k in tax returns to put towards my debt, they claim I owe them almost $10k now. This is an absolute abuse of power by... View More

Timothy Denison
Timothy Denison
answered on Oct 19, 2018

You will have to list all your debts and creditors if you file bankruptcy, whether it is a 7 or 13. You may want to consider 13 if you have assets to preserve or 7 if you don’t, but you must list all your debts and creditors in your petition.

3 Answers | Asked in Bankruptcy for District of Columbia on
Q: Do you have to pay all fees up front to your lawyer before letters are sent to your creditors of your BK Filing?

Reason asking my creditors are constantly calling my place of employment all day long every single day and my cell number also. I have asked them repeatedly not to contact my place of employment but they continue to call my job anyway all day. Just need to put a stop to them calling my job and my... View More

Timothy Denison
Timothy Denison
answered on Aug 3, 2018

Varys lawyer to lawyer.

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2 Answers | Asked in Bankruptcy for District of Columbia on
Q: Will be filing chapter 7.

Should I wait until after I have file and everything has been done and over with before I apply for my social security.

Timothy Denison
Timothy Denison
answered on Jul 21, 2018

The filing of your bankruptcy should not affect your filing for social security. However, consult an experienced bankruptcy attorney before you do anything.

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1 Answer | Asked in Bankruptcy for District of Columbia on
Q: My ex has filed a motion to allow late -filed claim, a late-filed claim and a motion to lift stay in Chapt. 13
Timothy Denison
Timothy Denison
answered on Jul 3, 2018

Should not affect the outcome of your bankruptcy.

1 Answer | Asked in Bankruptcy for District of Columbia on
Q: Filed bankruptcy chapter on 8-29-2017; it was discharged on 12-12-2017. Can a college withhold transcript and diploma?

Can a college withhold transcript and diploma after you receive your discharged Chapter Seven?

Andrellos Mitchell
Andrellos Mitchell
answered on Apr 3, 2018

Federally Funded Public Student Loans are typically non-dischargeable in Bankruptcy. An actual complaint needs to filed against the lenders and then you must meet an extremely high burden to even have the court consider

discharging your student loans. I'm not sure why a college or...
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1 Answer | Asked in Bankruptcy for District of Columbia on
Q: Bankruptcy was discharged, trustee is looking into transfer of property. what is the impact to debtor?
Thomas C. Valkenet
Thomas C. Valkenet
answered on Mar 13, 2011

Need to share more detail. What is being alleged by the Trustee? Does he allege the debtor committed fraud? Or is he simply going after property that was transferred during the preference period, before the filing of the Petition?

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