How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Andy4712 Your Own Question

Andy4712
Andy4712, Consultant
Category: General
Satisfied Customers: 406
Experience:  I have experience and knowledge as a consult to answer numerous questions regarding numerous issues.
17793914
Type Your Question Here...
Andy4712 is online now
A new question is answered every 9 seconds

bankruptcy question: can a person file a bankruptcy and request

Customer Question

bankruptcy question:
can a person file a bankruptcy and request that their first and second mortgage, not be included in the bankruptcy
Submitted: 2 years ago.
Category: General
Expert:  Andy4712 replied 2 years ago.
No. When you file a chapter 7 bankruptcy all your assets and liabilities must be listed on your schedules. You would also need to keep paying your mortgage to keep your house. I hope this answers your question. If not, then please reply. Thank you.
Customer: replied 2 years ago.
if the mortgages are listed in the bankruptcy then does the mortgage company have the right to start any foreclose against the property
Expert:  Andy4712 replied 2 years ago.
Yes. They have to get permission from the bankruptcy court to lift the automatic stay. The automatic stay prevents creditors from collecting while you file a bankruptcy. The creditor will typically file a motion to lift the automatic stay to continue on with the foreclosure or sell the property at a foreclosure sale. I hope this answers your question. If not, then please reply.
Customer: replied 2 years ago.
my reason to file bankruptcy has nothing to do with mortgage being behind. all of my mortgages are current. I just loss a case that I should have won and there is a judgment against me. $30K. I can appeal but I do not have the money for the appeal and hire attorneys. I now have to evidence to prove my case but the attorneys I called do not work... anymore on contingency only hour rate.. I can not afford for my wages to be garnished. After several options bankruptcy is all that is left. So I am considering filing. But I do not want my home to forced into foreclosure since my mortgages are current, Trying to see if bankruptcy under these circumstances is the correct option. You said after the court lifts the stay-- how long does an automatic stay last
Expert:  Andy4712 replied 2 years ago.
If all your mortgages are current, then your lender will not foreclosure as long as you keep paying your mortgage. They would only foreclose if you are behind on payments. The stay lasts when you file until your bankruptcy is done. If you think you can win your case, then you should appeal. I hope this answers your question.
Customer: replied 2 years ago.
Are you saying that when the bankruptcy is completed the creditors can then start pursuing me for payment. I thought the whole reason for bkt was to set aside the creditors for payment in this case $30K. I want nothing more than to appeal. The hourly rate of attorneysI have talked to charge upwards between $300.00 to $400.00 an hour. I understand that Court of Commons Pleas process is expensive. I can not find so far an attorney who will take my case on contingency. I my ann inc 40K, it is what it is...
Expert:  Andy4712 replied 2 years ago.
No. A secured creditor like your mortgage is not discharged. Those creditors that are not discharged can pursue you. Can you a probono attorney or legal services to help you? It is also a good idea to retain a bankruptcy attorney to make sure the judgment is debt that can be discharged in bankruptcy.
Customer: replied 2 years ago.

I thank all of you attorneys. My home was a victim of house fire. I did not start the fire it blew to my home. The claim has been a real nightmare. From a corrupt public adjuster, a forged check, construction companies further damaging my property,compliance issues not adhered to, lawsuits pending. If this was not happening to me I would not believe it. It has been almost a year now and it is not over with yet. I believe no homeowner should experience what I have experience thus far and plan to advocate for homeowners to all my public officials on every phrase of government. I feel I am a victim of the fire as well as a victim of the process. Again, I thank all the attorneys for answering my concerns.

Expert:  Andy4712 replied 2 years ago.
I am sorry. Have you tried dealing with your state auditor?
Customer: replied 2 years ago.
Wow! Never thought of it. What would be the role of the state auditor in ordeal? Explain please.
Expert:  Andy4712 replied 2 years ago.
If you are having problems with your insurance company they may be able to help.
Andy4712, Consultant
Category: General
Satisfied Customers: 406
Experience: I have experience and knowledge as a consult to answer numerous questions regarding numerous issues.
Andy4712 and 126 other General Specialists are ready to help you
Customer: replied 2 years ago.

Has the law concerning bankruptcies changed? Before the change could a person have both secured and unsecured items discharged? When did the law change?

Expert:  Andy4712 replied 2 years ago.
No. The law has not changed. A mortgage or secured creditor has rights that can not be changed in bankruptcy. Unsecured creditors like credit cards and medical bills can still be discharged.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Meet The Experts:

 
 
 
  • Ron

    ASE Certified Technician

    Satisfied Customers:

    21587
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
< Last | Next >
  • http://ww2.justanswer.com/uploads/FO/fordguy4u/2011-12-17_222940_HPIM1257.64x64.JPG Ron's Avatar

    Ron

    ASE Certified Technician

    Satisfied Customers:

    21587
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
  • http://ww2.justanswer.com/uploads/lyeung1/2010-07-25_032152_tn_IMG_0241.JPG Dr. Y.'s Avatar

    Dr. Y.

    Urologist

    Satisfied Customers:

    18596
    I am fellowship trained specializing in general urology and reconstructive urology.
  • http://ww2.justanswer.com/uploads/docjohn174/2008-12-13_170143_johnask.jpg John's Avatar

    John

    Home Appliance Technician

    Satisfied Customers:

    13453
    Appliance repair business owner for over 43 years.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8616
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/dermdoc19/2010-09-30_160749_Photo_122807_015.JPG dermdoc19's Avatar

    dermdoc19

    Dermatologist

    Satisfied Customers:

    3910
    30 years practice in general and cosmetic dermatology
  • http://ww2.justanswer.com/uploads/BI/birddoctor/2012-6-22_173214_birddoctor.64x64.png Dr. Pat's Avatar

    Dr. Pat

    Bird Veterinarian

    Satisfied Customers:

    3440
    25+ years working primarily or exclusively with birds
  • http://ww2.justanswer.com/uploads/RY/rydergar/2012-6-6_192240_IMG0328.64x64.JPG Dr. Gary's Avatar

    Dr. Gary

    Cat Veterinarian

    Satisfied Customers:

    3369
    DVM, Emergency Veterinarian, BS (Physiology)
 
 
 

Related General Questions