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Recent Chapter 7 questions

When someone files for BK chapter 7, how much time must

When someone files for BK chapter 7, how much time must elapse from the last time one used a credit card to the moment one stops paying it?

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LawTalk

Attorney at Law

Juris Doctor

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We fell out of bankruptcy due to my income is dropped due

we fell out of bankruptcy due to my income is dropped due disibility, our income is now half. the problem is my creditors are wells fargo and the IRS. What do I do? how can I get the bankruptcy done?

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LawTalk

Attorney at Law

Juris Doctor

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I work 2 jobs to pay bills,can i quit one after i file

i work 2 jobs to pay bills,can i quit one after i file chapter 13?JA: What state are you in? And has anything been officially filed?Customer: nd not yet,the strain of working the 2 is getting to me i'm 43 going on 44JA: Have you talked to a lawyer yet?Customer: yes he feels i make to much money but i have cut back on my part time jobJA: What advice did they give you?Customer: he is sending a letter or email high lighting the situation.JA: Anything else you think the lawyer should know?Customer: not off the top of my head

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Maverick

Doctoral Degree

6,308 satisfied customers
This Order was signed by Judge therefore denying me any

This Order was signed by Judge therefore denying me any rights to defend myself: Order Granting Plaintiff's Motion to Strike Defendant's Affirmative Defenses with In Rem Proceedings Based on Prior Chapter 7 Bankruptcy Surrender.I received this recently in the mail: Order Setting Case for Non-Jury Trial and Directing Pretrial Procedures...and that I must appear.Why should I bother with this bs if I can't defend myself anymore? What if I just don't attend!I was recently prevented by Order of the Court from defending myself in a foreclosure because a few recent state rulings have stated that the word "surrender" in my Chapter 7 filings means that I have no rights to affirmative defenses on a subsequent foreclosure. Federal and state case law over 30 years have been very clear that if the bank during Chapter 7 proceedings don't motion to foreclose after the trustee has decided not to, that then the person who filed Chapter 7 has the right to all his affirmative defenses to defend his foreclosure in state court (which the order above is denying me). Also, the word "surrender" only has application to the Trustee...not the bank.

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Phillips Esq.

Attorney

Juris Doctor

17,882 satisfied customers
How can you file for personal bankruptcy (chapter 7 or 13)

How can you file for personal bankruptcy (chapter 7 or 13) more than every 8 years? Is this possible?

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Roger

Litigation Attorney

Doctoral Degree

33,410 satisfied customers
I recently got divorced and got stuck with all the credit

I recently got divorced and got stuck with all the credit card debt, over $55k. Now being on a single income I'm burning through my savings account just to make the minimum monthly payments. I've never been late on a payment and have always had good credit and I don't want to file for bankruptcy, cause I'd have to do chapter 13 cause I make to much money to file for chapter 7. I looked into the credit card debt relief companies, but really don't want to go delinquent on my credit cards while they try to settle with the creditors. So, my question is, I got a phone call from a company who says they can do credit card debt dismissal. Where they get all my credit card debt completely dismissed, I guess they file some paperwork for the collection agencies who purchase my debt from the creditors stating prove that I owe what I owe and I guess the creditors don't give all that info to the collection agencies, so it gets dismissed. They also state that they get the negative marks on my credit report removed after the debt is dismissed. I obviously have to go delinquent on my cards with this program as well and would have about a $600/month payment for 30 months, compared to $1400/month for my minimum monthly payments. Have you heard of this type of company and is it legit or can debt not get dismissed like that and this company is a scam? Thanks.Troy

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Texas Atty

Juris Doctor

35,284 satisfied customers
I have another Bankruptcy question that has arisen and am

Hello,I have another Bankruptcy question that has arisen and am looking for help. My office is a govt agency that is a division of the CalEPA. Lets assume our claim is a non-priority claim. A company owed our office $30,000 from many, many years ago and then filed a chapter 11 bankruptcy in 1991. We therefore filed a Proof of Claim for the amount of money the company owed our agency. In 2010, the BK was converted to a chapter 7 case and the docket says "voluntary" and "assets". The docket also says "debtor disposition: discharge is not applicable" and that the BK was later terminated on 12/15/15.1. Hence, what happened to our Proof of Claim, meaning why didn't we get any payments? 2. Also, since this company is still in business today, could we still go after them for the money they owed us through regular collection efforts?

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DrakeLAW

Juris Doctorate

520 satisfied customers
My wife and I filed chapter 7 bankruptcy in may of 2015 and

my wife and I filed chapter 7 bankruptcy in may of 2015 and was discharged in aug 2015. we did have exemptions in the amount of $12734. I was waiting for back pay from a previous job in the amount of 31k which we disclosed to the trustee for the PA bankruptcy we filed. My question is the back pay was issued last month. the was 7300 paid in taxes from the check which left an amount of 23k. Now the trustee stated they were dispersing money to creditors that were involved in the case. according to the trustee i will not get my full exemption amount, I am only getting 5300 becauase the taxes that were orginally taken out had to be taken from my exemption amount and given to creditors. Can they do that. Arent i entitled to the full exemption amount. thank you fro your help.

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DrakeLAW

Juris Doctorate

520 satisfied customers
I am in chapter 7. IRs said we owed taxes from 2008 to 2012.

I am in chapter 7. IRs said we owed taxes from 2008 to 2012. Those are listed in our bankruptcy. We do not owe for 2013,14,,15 and all returns are in. In the meantime they sent a garnishment to our pay master(retired military ) and garnished anyway $1900. They referred us to a tax advocate name and number so they can give money back k. Should I file a motion w court saying it was seized improperly and it is to be returned or believe the advocate will do their job?

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37,824 satisfied customers
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