Tag Archives: assets

REAFFIRMING DEBTS IN A CHAPTER 7 BANKRUPTCY

Question: What is the quickest and easiest way to get documentation that the mortgage is reaffirmed? My mortgage was in a Chapter 7 and discharged 3 years ago. I never stopped making payments while in the BK. I am looking … Continue reading

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WHO HAS USE OF PROPERTY WHEN SOMEONE DIES?

Question: Is it illegal to occupy a house that is in Probate? My mother has died and my brothers are saying that I must move out of the house owned by my Mother. The house is completely paid off and … Continue reading

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CAN I SELL MY HOUSE IF THE LOAN WASN’T REAFFIRMED IN A CHAPTER 7 BANKRUPTCY?

Question: Can I sell my house after the loan wasn’t reaffirmed in a Chapter 7 Bankruptcy? Question : Debtor filed Chapter 7 years ago. In looking to get pre-qualified for a new home loan I find out that my loan … Continue reading

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HOW CAN A CHAPTER 13 DEBTOR SELL PROPERTY?

A Chapter 13 debtor may not sell or dispose of property that he or she owns when a Chapter 13 Bankruptcy case is filed unless approval is first obtained from the Bankruptcy Court. Remember that property includes real property such … Continue reading

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ARE ASSETS LOST WHEN A DEBTOR DIES BEFORE THE DISCHARGE IS OBTAINED

If a bankruptcy is filed and then the debtor dies, can the discharge still be obtained is a question that is asked more than one would think.  A Chapter 7 bankruptcy case can take 5 or 6 months to complete. … Continue reading

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ANNUITY AND RETIREMENT EXEMPTIONS UNDER SOUTH CAROLINA AND BANKRUPTCY LAW

There are numerous annuity and pension exemptions under South Carolina law that can also be used to protect your pension or annuity if you file a bankruptcy case.  What this means is that you are allowed to keep the money … Continue reading

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