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    Chapter 13: Re: Foreclosure After Bankruptcy

    That makes sense. Once the stay is lifted, the lender can proceed in state court with the foreclosure. If you're looking to keep the house, you need to speak with someone who can work with the...
  2. Chapter 13: Re: Can Trustee or Bankruptcy Court Take Funds Received in Personal Injury Settlement

    Under Chapter 13 (unless your confirmed Plan says otherwise) all of your property remains property of the bankruptcy estate until your discharge is issued. That includes the personal injury lawsuit....
  3. Chapter 7: Re: Looking for Clarity Regarding a Key Bank Private Education Loan and Bankruptcy

    Under the US Bankruptcy Code, educational loans are non-dischargeable in either Chapter 7 or Chapter 13 absent a court determination in an adversary proceeding. The fact that the loan was private or...
  4. Collection Lawsuits: Re: How to Settle a Credit Card Debt Lawsuit

    First, you need to answer the lawsuit. Making a phone call or sending a letter does nothing.

    Your answer needs to have a legal basis - saying, "it's my debt but I just can't pay," doesn't help...
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    Chapter 7: Re: Foreclosure After a Bankruptcy

    If the property and mortgage were listed in your Chapter 7 and you did not reaffirm the debt, then your personal liability is discharged. All the mortgage company can do is take back the property.
  6. Chapter 7: Re: Pending Lawsuit, Defendant Filed Chapter 7

    Actually, you're going to want to file a complaint against the defendant in bankruptcy court to get the debt deemed nondischargeable.

    The Code section is 11 USC 523(2), which excepts from...
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    Chapter 7: Re: Mortgage Surrendered in Chapter 7

    I agree about the "magic date." There is no such thing, and it all depends on your situation. If you did not reaffirm the mortgage in your Chapter 7, the only statements they can send are "for...
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