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AV Preeminent Peer Rated Attorneys
New York Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
New York Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).

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The average lawyer rating is created by peers based on legal expertise, ethical standards, quality of service, and relationship skills. Recommendations are made by real clients.

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Commonly Asked Bankruptcy Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

Can I still be required to pay damages after surrendering a vehicle 6 months after bankruptcy discharge?

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Answered by attorney Dorothy G. Bunce (Unclaimed Profile)
Bankruptcy lawyer at A Fresh Start
In most instances, after bankruptcy the company financing your vehicle simply wants the vehicle back or your payments. You have a legal obligation to return the vehicle to the lender and it looks like there was a breakdown in communication between the two of you.
In most instances, after bankruptcy the company financing your vehicle simply wants the vehicle back or your payments. You have a legal obligation to return the vehicle to the lender and it looks like there was a breakdown in communication between the two of you.
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Is it possible for the previous loan owner to take us to court and have the case reopened after refinancing?

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Answered by attorney Theodore L. Araujo (Unclaimed Profile)
Bankruptcy lawyer at Theodore Lyons Araujo
The home loan and property was listed in your bankruptcy, or should have been. If you filed Chapter 7 and there was no reaffirmation agreement the loan was discharged. If you are current with your payments, never late, etc., then they cannot foreclose. If you are late the lender has the same right to foreclose, but there should be no personal liability for a deficiency judgment IF you DID NOT sign a reaffirmation agreement.
The home loan and property was listed in your bankruptcy, or should have been. If you filed Chapter 7 and there was no reaffirmation agreement the loan was discharged. If you are current with your payments, never late, etc., then they cannot foreclose. If you are late the lender has the same right to foreclose, but there should be no personal liability for a deficiency judgment IF you DID NOT sign a reaffirmation agreement.
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What do we need to do to qualify for bankruptcy?

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Answered by attorney Sheryl Susan Graf (Unclaimed Profile)
Bankruptcy lawyer at Law Offices of Sheryl S. Graf
There are two sections of the bankruptcy code which typically apply to individuals: Chapter 7 (commonly referred to as a "straight" bankruptcy and Chapter 13 (commonly referred to as a reorganization or repayment plan). In most cases, all of your assets are exempt from being sold to pay your debts. In other words, you get to keep everything but your debts. Student loans are generally not dischargeable, but there are some exceptions. You can claim an exemption for your primary residence, so it may make financial sense for you to move into the trailer (assuming the amount of equity does not exceed the allowable amount AND you can afford to make the monthly payment), and let the house go back to the bank in your bankruptcy proceeding (assuming you are underwater and cannot afford to pay the mortgage).
There are two sections of the bankruptcy code which typically apply to individuals: Chapter 7 (commonly referred to as a "straight" bankruptcy and Chapter 13 (commonly referred to as a reorganization or repayment plan). In most cases, all of your assets are exempt from being sold to pay your debts. In other words, you get to keep everything but your debts. Student loans are generally not dischargeable, but there are some exceptions. You can claim an exemption for your primary residence, so it may make financial sense for you to move into the trailer (assuming the amount of equity does not exceed the allowable amount AND you can afford to make the monthly payment), and let the house go back to the bank in your bankruptcy proceeding (assuming you are underwater and cannot afford to pay the mortgage).
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