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bcohen
Registered User
Last Activity: Today, 02:31 PM
Joined: 06-12-2010
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  • I doubt you are going to be sued at this point, because having now retained an attorney, your creditors (should) know you're serious about filing for bankruptcy. Therefore, it would be extremely foolish for them to spend money obtaining judgments which are just going to be discharged anyways. Also,...
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  • bcohen
    replied to home sale fell through
    It is a terrible idea to rent out a house with a faulty sewer/septic system, because the risk outweighs the benefits. If sewage backs up into the house, the tenants could potentially sue you for damage to their property, having to move out on short notice, etc. Also, if this happens, then the house...
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  • bcohen
    replied to Reposession, Eviction..Devistation
    I have never heard of "auto registration loans", I assume that these are actually title loans, which provide the lender with a lien on the vehicle itself? If that is the case, then the truck is probably a lost cause, although a Chapter 7 filing could get it back for the duration of the case,...
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  • bcohen
    replied to Need Help!
    You filed for Chapter 7 bankruptcy, correct? If that is the case, the automatic stay began the moment you received your case number. And no, you do not have to pay any pre-petition arrearages, nor do you have to pay for any electric usage which took place prior to filing, but has not been billed yet....
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  • bcohen
    replied to Reposession, Eviction..Devistation
    A Chapter 7 filing could certainly get your car back (if it's not yet sold) and stay any eviction proceedings brought by your landlord (assuming that the judgment for possession has not already been entered). A pro-se filing will cost a lot less than $800. The problem is that if your job is already...
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  • And how exactly are the "debt consolidation" company's lawyers going to "take care of it"? By waving their magic wand and making the lawsuit go away? Unless your "friend" has some meaningful defenses to raise (doubtful if he's strategically defaulting) then the AMEX lawsuit...
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  • As several posters have already alluded to, personal loan creditors only demand a "security interest" in your household items for the purpose of intimidating you into paying. They fully understand that the household items do not adequately secure the debt, and would cost way more to repossess...
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  • I wouldn't worry. You have a mortgage on your house, so there is likely no unexempt equity for a creditor to attach. In the (very unlikely) event that one of your creditors sues and wins a judgment before you file, your attorney would simply file a motion to avoid the judgment lien in your bankruptcy....
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  • Of course, you should stop throwing good money after bad, and let the account go. Your bankruptcy discharge will eliminate any personal responsibility for this alleged debt, and NFCU will be prohibited from reporting an overdrawn account to ChexSystems or to any other credit bureau.
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  • The trustee is looking at two things: how much money do you have (compared to your state's exemptions) and whether or not there is evidence of possible fraudulent transfers. If the trustee sees that the only withdrawals on your account are debit card purchases at stores/restaurants/online merchants,...
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  • Of course, you can gift the cars to your kids. You just need to wait a certain amount of time prior to filing. The lookback period for gifts valued at more than $200 is two years. Simply wait a minimum of 25 months after transferring title, and then file, and it won't be a problem.
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  • bcohen
    replied to Criminal charges from foreclosure
    All of the issues you have described above are considered "normal wear and tear", especially for an older house. Also, you are generally permitted to remove and keep appliances which are freestanding, such as a refrigerator, stove, clothes washer, or clothes dryer. A lender cannot file criminal...
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  • STOP PISSING AWAY GOOD MONEY ON THESE BAD DEBTS! Once you have made the decision that bankruptcy is in your future, its is no longer necessary, or prudent, to keep paying toward debts which are going to be discharged. Of course, you must still pay your living expenses going forward (such as rent,...
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  • You do not need to reaffirm either of these loans, and if you've decided that bankruptcy is in your future, stop paying toward them now. That is just throwing money away. Do not worry about keeping your computer--your lender isn't going to want a used computer. If you look on Craigslist, you will...
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