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AV Preeminent Peer Rated Attorneys
Weirsdale Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Weirsdale 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).
  • 15 N. Central Ave., Umatilla, FL 32784-8430

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  • 819 West Main St., Ste. B, Tavares, FL 32778

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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.

Why hasn't my attorney filed the paperwork yet?

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Answered by attorney Tony E. Carballo (Unclaimed Profile)
Bankruptcy lawyer at Carballo Law Offices
You are a little confused as to what reaffirmation means. The personal liability for those debts is discharged even if you reaffirm. It does create a new non-dischargeable debt if you do reaffirm. Real estate loans are not reaffirmed in cases filed in California. It is not required that such debts be reaffirmed and the courts will typically not do approve real estate loan reaffirmations in California cases since it is unnecessary for complicated legal reasons. Vehicle loans can be reaffirmed but it is not a good idea in most cases to reaffirm anyway. Rebuilding your credit history takes time and depends on how you handle it after the bankrutpcy and your income and other factors. It does take several years but the bankruptcy is in your credit history for 10 years so it will continue to affect your credit score for that many years. The reaffirmation is not shown in the credit report anyway. The banks do not report the payments if you do not reaffirm a vehicle loan and that is the downside to not reaffirming but there are benefits to not reaffirming also. The history of all the payments not made before the bankruptcy does not disappear from your credit report and will also affect your credit for a long time. You can not reaffirm a debt after the bankruptcy case closes.
You are a little confused as to what reaffirmation means. The personal liability for those debts is discharged even if you reaffirm. It does create a new non-dischargeable debt if you do reaffirm. Real estate loans are not reaffirmed in cases filed in California. It is not required that such debts be reaffirmed and the courts will typically not do approve real estate loan reaffirmations in California cases since it is unnecessary for complicated legal reasons. Vehicle loans can be reaffirmed but it is not a good idea in most cases to reaffirm anyway. Rebuilding your credit history takes time and depends on how you handle it after the bankrutpcy and your income and other factors. It does take several years but the bankruptcy is in your credit history for 10 years so it will continue to affect your credit score for that many years. The reaffirmation is not shown in the credit report anyway. The banks do not report the payments if you do not reaffirm a vehicle loan and that is the downside to not reaffirming but there are benefits to not reaffirming also. The history of all the payments not made before the bankruptcy does not disappear from your credit report and will also affect your credit for a long time. You can not reaffirm a debt after the bankruptcy case closes.
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Can my ex husband file bankruptcy on my car if it was part of the dirvorce agreement that he pay it?

Answered by attorney Walter F. Benenati
Bankruptcy lawyer at Benenati Law Firm A Professional Association
No, if the debt is not in his name he cannot discharge the debt. Furthermore, a court order by a family law judge cannot be overturned by a bankruptcy filing. It will still stand. For example, John has a court order divorce agreement that he needs to pay for his ex-wife's car loan that is in the name of his ex-wife AND himself. John files bankruptcy and discharges the car loan debt as to his own liability. He feels he should not have to pay anymore since he is not driving the car and he filed bankruptcy. He would still have to pay for the car since the debt is still in his ex-wife's name and the court order still exists.
No, if the debt is not in his name he cannot discharge the debt. Furthermore, a court order by a family law judge cannot be overturned by a bankruptcy filing. It will still stand. For example, John has a court order divorce agreement that he needs to pay for his ex-wife's car loan that is in the name of his ex-wife AND himself. John files bankruptcy and discharges the car loan debt as to his own liability. He feels he should not have to pay anymore since he is not driving the car and he filed bankruptcy. He would still have to pay for the car since the debt is still in his ex-wife's name and the court order still exists.
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Is there any way for me to know if the amount that I am going to pay is right?

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Answered by attorney Christopher Emmanuel Benjamin (Unclaimed Profile)
Bankruptcy lawyer at The Barrister Firm, P.A.
All you can do is ask for an accounting for the unit and an estoppel letter for any amounts due and owing.
All you can do is ask for an accounting for the unit and an estoppel letter for any amounts due and owing.