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Idaho Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for Idaho on
Q: I filed chapter 7 bankruptcy, it has been discharged. my attorney advised me to not reaffirm my home loan
Andrew Bresalier
Andrew Bresalier answered on Jan 27, 2014

Sometimes this is a good strategy. This protects you from the possibility of future liability in the event you default. On the flip side, your favorable payment history is not reported to the credit bureaus.

1 Answer | Asked in Bankruptcy for Idaho on
Q: How long can a Trustee hold a Discharged Bankruptcy open in Idaho?
Andrew Bresalier
Andrew Bresalier answered on Jan 27, 2014

Indefinitely; however, I would suggest you find out the specific reason and seek to cure the issue.

1 Answer | Asked in Bankruptcy for Idaho on
Q: I AM BEING SUED FOR A CREDIT CARD BILL FROM 13 YEARS AGO HOW DO I DISPUTE THIS
Andrew Bresalier
Andrew Bresalier answered on Jan 27, 2014

This is not a bankruptcy question; however, it sounds like the Statute of Limitations has expired. I would suggest you speak with an attorney in your area and/or do a Motion to Dismiss, citing the Statute of Limitations. Keep in mind that the counting of the toll date goes from the last payment,... Read more »

1 Answer | Asked in Bankruptcy for Idaho on
Q: I'm listed as a claimant on a bankruptcy - how do I get a copy of the filing
Andrew Bresalier
Andrew Bresalier answered on Jan 27, 2014

Sign up for PACER, it is a free governmental service, as long as you use less than $15 a calendar quarter. Then sign on at the District Court's Bky Site for the specific district and perform a search. From the Docket you can print copies of the documents filed.

www.dont-sweat-the-debt.com

1 Answer | Asked in Bankruptcy for Idaho on
Q: How do i find someone who is filing bankruptcy
Andrew Bresalier
Andrew Bresalier answered on Jan 27, 2014

Sign up for PACER, it is a free governmental service, as long as you use less than $15 a calendar quarter. Then sign on at the District Court's Bky Site for the specific district and perform a search. From the Docket you can print copies of the documents filed.

www.dont-sweat-the-debt.com

1 Answer | Asked in Bankruptcy for Idaho on
Q: I made a mistake when i filed CH 7, So,at Creditors meeting,I just found out i filed blank Sch C, what to do??

I don;t know, i called the clerk at the court, but she said ask the trustee, they said I left SCH C totally blank, but, it was amended-How do i correct this? Is there a court form, or amendment i can file, even tho it is after my creditor meeting?

Andrew Bresalier
Andrew Bresalier answered on May 30, 2012

You can still file an amendment. File an Amended Schedule C, along with a Declaration. These are standard forms, the same as you originally used, just add the word "Amended".

1 Answer | Asked in Bankruptcy for Idaho on
Q: My ex filed do i become resposible for the debt
Andrew Bresalier
Andrew Bresalier answered on Jan 9, 2012

Only if you were joint on the account(s).

1 Answer | Asked in Bankruptcy for Idaho on
Q: My ex filed bankruptcy, we still had some joint accounts. do i become responsible for the whole balance or just my half
Andrew Bresalier
Andrew Bresalier answered on Jan 9, 2012

Unfortunately, the whole balance. Unless as part of your Divorce your Ex was to be responsable and it held that this was in the nature of support, then you can seek indeminification.

1 Answer | Asked in Bankruptcy for Idaho on
Q: Do you have to enlist an attorney to file bankruptcy?
Andrew Bresalier
Andrew Bresalier answered on Dec 8, 2011

A Natural Person (vs. a business entity) can represent themselves in court; however, bankruptcy is a very complicated area of law, involving a combination of Federal Procedures and State Laws. So, an attorney is recommended, though not required.

1 Answer | Asked in Bankruptcy for Idaho on
Q: Can I Withdrawl my Chap. 7 Bankruptcy after it has been filed? I live in Idaho.
Andrew Bresalier
Andrew Bresalier answered on Dec 8, 2011

If you do not show up for the Meeting of Creditors and have no unexempt property, you case will be dismissed with prejudice, upon motion of the Trustee. This means you cannot file an other case for six (6) months. If you have already had your hearing, you must motion the court to have the case... Read more »

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