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My ex-wife has a student loan that she fails to make

Good afternoon,My ex-wife has a student loan that she fails to make payments on from time to time and I just so happen to be a co-signer. I have documents from the judge stating that she was responsible for the loan. However, I am still responsible to repay the federal student loan. Since she has had several late payments that I have had to also pay for, what is my best option for resolving this matter as she now has bad credit, can't find a new co-signer to remove me from the loan and I want this $32,000 loan @ 8.99%(v) loan to go away? I have enough money in my 401k to pay this amount off today but even if I get the legal documents written up, notarized and signed, will she be able to file for bankruptcy and no longer have to pay me? Please help, thanks..Dennis

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DrakeLAW

Juris Doctorate

622 satisfied customers
Relevant facts: -I am a 'pro se' ch. 13 filer. -My 4th

Relevant facts:-I am a 'pro se' ch. 13 filer.-My 4th amended plan was confirmed by the court very recently.-Also recently, my mortgage lender filed a motion for relief from stay (which I expected as I was in arrears post-petition by 4 months when they filed). The morning of the initial hearing on the matter - held 8/25/16 - I discussed entering a consent order with the mortgage lender's attorney. We communicated this to the judge and he set final hearing for 9/22/2016 (this coming Thursday morning). (At that time, the judge told me that if I could not come to some sort of agreement with my lender then I could present - at the final hearing - whatever evidence I want him to consider for denying their motion to lift the stay).-I have the order in hand (they sent it to me last Thursday and followed up today asking if I agreed with it) but have not signed yet because I have a couple of questions. The 'Order Granting Modification of Stay' stipulates that I am to begin making regular monthly payments starting 10/1/16. Monthly catch-up payments will commence on that date as well (I will have 9 months to cure the arrearage). The source of funds is a gift from my spouse (we are separated currently).- According to nolo.com, "the court is predisposed to continue the bankruptcy protection." Also, "Since property used as collateral must be paid for or returned during bankruptcy, the court will normally lift the stay unless the debtor can bring the payments current or show another good reason to deny the motion (for example, the debtor will use one of the available methods for dealing with secured debts in Chapter 7 bankruptcy, .....*****or the debtor has provided for payment of the debt in a Chapter 13 repayment plan)."Questions:- Is simply modifying my current (confirmed) plan to provide for payment of the post-petition arrears (using the gift funds from my spouse) a viable option for me? Is it really very likely the court would go along with that? I would need to file my modified plan tomorrow if this is a good defense. My total arrears is $5426.48, of which $1676 are attorney's fees.-The lender's initial filing included an exhibit - a tax assessment - that was not actually for my property (it was for another condo in my building) yet represented as such (in other words, they made a mistake). Is this a potentially 'fatal defect'....possibly necessitating re-filing if I bring it up to the judge? (I did mention the defect to the lender's attorney prior to the initial hearing and she replied with "well that's actually good for my client because the tax assessment in the filing is higher than what yours actually is (I had told her mine was less) ...which means they have a smaller equity cushion.....(I understand this but the point is there is an error in the filing).I have a few other questions but would like view your replies to these first.

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Whitney, Esq.

Attorney and Counselor at Law

Juris Doctorate

178 satisfied customers
The facts are as follows...The potential Debtor has

Hello:The facts are as follows...The potential Debtor has substantial equity in his home that is well over the state exemption level. The Debtor also has substantial student loan debt. Can the debtor go use a home equity loan to pay off the student loans and in turn minimize the amount of equity in the home for bankruptcy purposes? The Debtor proposes to do this right before filing his petition.

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Terry L.

Partner

Doctoral Degree

2,866 satisfied customers
I filed a chapter 13 back in 2011 on a 60 month plan. the

i filed a chapter 13 back in 2011 on a 60 month plan. the whole reason for having to file it was about $50k IRS debt that the interest and penalties were accruing so fast on it could never be paid. now im a few months from discharging it and i get a letter from the irs saying i still owe them $37k of that debt!! i looked at the plan and it states under IRS that 50k was scheduled, but only $13k is listed as claimed and that 13k has been paid 100%. so my questions are 1. what is the differance between scheduled and claimed 2. can the irs continue to claim debt that was part of a chapter 13 that was fully paid? isnt that the whole point of bankruptcy? to allow debtors to fully discharge their debts in 60 months and then start over?

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Whitney, Esq.

Attorney and Counselor at Law

Juris Doctorate

178 satisfied customers
I'm am currently in a chapter 13 payment plan.I am thinking

I'm am currently in a chapter 13 payment plan.I am thinking of suing my previous employer for defamation.Will all my winnings,if any,go toward my chapter 13 payment?

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TJ, Esq.

Juris Doctor (JD)

10,846 satisfied customers
I am currently one year in on a chapter 13 payment plan.My

I am currently one year in on a chapter 13 payment plan.My home has equity in it.Can I take out this equity if I can afford to pay it back?

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TJ, Esq.

Juris Doctor (JD)

10,846 satisfied customers
I owed the irs more than $65,000.They put a lien on my

I owed the irs more than $65,000.They put a lien on my house.I am now in a chapter 13.The irs debt was included in my chapter 13 and will be discharged after 5 years of payments.My question is,can I sell my home in a year?.I'm assuming at least $40,000 by then.Will the IRS take the equity if I sell before my 5 year payment plan is done?

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Whitney, Esq.

Attorney and Counselor at Law

Juris Doctorate

178 satisfied customers
I am currently starting a chapter 13.I sat through the

I am currently starting a chapter 13.I sat through the creditors meeting last month.I have started making paymentsure to the trustee.My home is not included in the chapter 13 as I am current.Since I did not pay my motgage for 2 years they offered me a loan modification which I am current.I am now 45 days late on my mortgage.Wells Fargo told me that they can motion to relief if I did not pay at once.My question is,what are the chances that they can foreclose on my home if I am 60 days late?

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DrakeLAW

Juris Doctorate

622 satisfied customers
Acting as my own attorney how do i file a response to a

Acting as my own attorney how do i file a response to a chapter 13 when the mortgage lender is asking for relief from the automatic stay for late payments that are now current but i am unable to pay their attorneys fees?JA: When we are ready I'll take you to the appropriate web page.Customer: okJA: What state are you in? And has anything been officially filed?Customer: Maryland. yes it was filed and i have 2 weeks to respondJA: Has anything been filed in civil court? If so, what?Customer: It was filed with the trustee in my case as i have been in a 5 year bankruptcy that wouls end in June of next yearJA: Anything else you want the lawyer to know before I connect you?Customer: No

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Roger

Litigation Attorney

Doctoral Degree

33,582 satisfied customers
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