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Reaffirmation, Chapter 7

Posted on : 22-05-2010 | By : Legal Information | In : Bankruptcy & Debt, Chapter 7, Legal Questions, Mortgage, Real Estate

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Will my credit show foreclosure on it if i walk away from my home ? I was discharged a year ago from Chapter 7 and i did not reaffirm the mortgage.

Non-compete payments

Posted on : 15-04-2010 | By : Legal Information | In : Bankruptcy & Debt, Chapter 7, Employee Rights, Legal Questions, Non compete agreements

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I have a non-compete contract from a company that i had worked for. The contract pays me over 4 years for not competing over those 4 years. I’ve filed chapter 7 bankruptcy. Are those future payments to me “exempt” under bankruptcy law or not. In other words does the trustee get the payments or do I?

chapter 7 question garnishment

Posted on : 28-03-2010 | By : Legal Information | In : Bankruptcy & Debt, Chapter 7, Garnishment of wages, Legal Questions

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can someone garnish your income if you are already in chapter 7?

Car wreck + bankruptcy. Georgia

Posted on : 08-03-2010 | By : Legal Information | In : Bankruptcy & Debt, Car Accident, Chapter 7, Legal Questions

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Last April 2009, I was involved in a car wreck in which i rear ended someone. It was my father’s car, it was registered to him, and there was no insurance on the car. Just recently, both he and I received a letter from a law firm the person I hit’s insurance company has referred their case to. The amount in question for the wreck is approximately $16,800. My father is filing Chapter 7 bankruptcy, because he was unemployed from last April up until December, and there is no possible way he can pay the amount. Should I file for bankruptcy as well? I am a full-time college student, and my weekly income is about $200. Or instead of filing for bankruptcy, can I pay a certain amount each month to the company? My father’s bankruptcy lawyer said that I should wait and see what happens after he files, but I want to check other sources.

California SOL on HOA fees

Posted on : 22-02-2010 | By : Legal Information | In : Bankruptcy & Debt, Chapter 7, Homeowners Association, Legal Questions, Real Estate Law, Statute of Limitations

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We filed BK7 April 2007. We are told we owe HOA fees from April 2007 to December 2007 when bank took possession of house. We moved to Texas in August of 2007.
What is the California Statute of Limitations on HOA fees? Since we now live in Texas, does Ca SOL apply?
What can we do legally to wipe this debt out?

How to handle identity theft, credit card fraud, forged checks by a spouse

Posted on : 13-11-2009 | By : Legal Information | In : Bankruptcy & Debt, Chapter 7, Credit Card Debt, Credit Card Fraud, Criminal Law

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My friend has the following issues. What steps should he take and in what order?My friend needs some legal guidance. Here are the facts. He has been married for about 25 years to an excessive spender who is probably bipolar and/or has borderline personality disorder. She is mentally ill and has refused to seek treatment. She has run up $100s of thousands of dollars of debt by getting credit cards in her name and by committing fraud by taking out cards in both of her daughters’ names (both are over 18) and in my friend’s name. He was unaware of this behavior for years because the bills, which went unpaid, were sent to the wife’s business. She has declared bankruptcy twice, once in 2000 and again in 2009. This wipes debt in her name clean but doesn’t remove the debt in her daughters’ or my friend’s name. He is carrying a $400K mortgage on the house that was taken out to cover the debt (the house was paid for) and the wife’s car payment because she can’t get any credit. He is driving a car with almost 200K miles on it that is on its last legs and he can’t get a loan to buy another one and certainly doesn’t have enough cash to buy one outright. He lost his security clearance at work in August because of the debt that his wife has run up. His job is in jeopardy at this point because most jobs at Northrop Grumman require at least a secret clearance. If he loses his job he will lose the house because the wife’s salary won’t cover the loans. He has wanted to divorce her for years and has to divorce her to get away from the debt and get his clearance back. He has evidence of her identity theft/fraud that is copies of checks she forged on his grandmother’s bank account. He can also prove which cards he did not take out and his daughters did not take out. He hasn’t prosecuted her for that and the multiple credit cards she took out in his and the daughters’ names because he figures she will lose her job and he will lose the house because he needs both incomes to pay the loans. He needs to prosecute to get her debt cleared from his name and to get his clearance back. Questions are: 1) How does he protect himself from further identify theft (stop her from continuing to take cards out in his name)? 2) What are the steps he needs to take to prosecute her? 3) What kind of protection/grace can he get from the bank regarding inability to make full payment on the mortgage if/when she loses her job because of the prosecution? If he can’t make the payment on her car the bank will repossess the car but that will be her problem, not his. He has to remove his debt obligation that she created before he can divorce her because he can’t cover the loan on just his salary. He has to get divorced in order to keep his job. This has reached a critical point.

florida backruptcy, …will i be able to keep that house ?

Posted on : 02-10-2009 | By : Legal Information | In : Bankruptcy & Debt, Chapter 7

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I will be moving to florida to a house my mom left me that is paid for i currently live in ohio how long do i need to live in florida in order to be able to file chapter7 there and as well thanks

Bankruptcy, Chapter 7 Bankruptcy. My boyfriend lives with me.

Posted on : 08-09-2009 | By : Legal Information | In : Bankruptcy & Debt, Chapter 7, Legal Questions

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I need to file a Chapter 7 Bankruptcy. My boyfriend lives with me. Do I have to include his income in my bankruptcy filing

Car Repossessed / Chapter 13, do not qualify for Chapter 7 Alabama

Posted on : 19-08-2009 | By : Legal Information | In : Bankruptcy & Debt, Chapter 13, Chapter 7, Other Legal Topics

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I lost my job 6 months ago. My car was repossessed (voluntarily surrendered) (alabama) and sold at auction. Now I owe them $5000. They are pressuring me for information such as bank accounts, etc. I am considering Chapter 13 to stop the harassment – I do not qualify for a Chapter 7. If the car was repossessed last month and I file Chapter 13 this month does that mean I will still have to pay the $5000 in the plan or will it be cleared as the property was surrendered?

Chapter 7 Bankruptcy, The company I worked for filed bankruptcy as I was being paid severance

Posted on : 11-08-2009 | By : Legal Information | In : Bankruptcy & Debt, Chapter 7, Employee Rights, Other Legal Topics, Severance

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The company I worked for filed bankruptcy as I was being paid severance. I was told to file a proof of claim under their chapter 11 bankruptcy which was then converted to chapter 7. The Partners who owned the company made good on some of the debts owed to former employees. My question is can I withdraw my proof of claim with the Bankruptcy Court and sue the Partnership who actually owned the company for my remaining severance?