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AV Preeminent Peer Rated Attorneys
Daisetta Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Daisetta 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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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.

Mortgage co. bankrupt

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Answered by attorney Marc S Stern (Unclaimed Profile)
Bankruptcy lawyer at The Law Office of Marc S. Stern
It means a mess. I just received 2 bankruptcy notices from lenders in my clients' cases. I am trying to figure out what that means with respect to a stay of proceedings, objections to claims, and the like. If you are just making payments and have no problems with the lender, it probably means nothing. Just make a written record of payments, etc. Keep copies of everything that you send.
It means a mess. I just received 2 bankruptcy notices from lenders in my clients' cases. I am trying to figure out what that means with respect to a stay of proceedings, objections to claims, and the like. If you are just making payments and have no problems with the lender, it probably means nothing. Just make a written record of payments, etc. Keep copies of everything that you send.
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Can I include a unemployment benefit overpayment when filing for bankruptcy?

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Answered by attorney Rustin Scott Polk (Unclaimed Profile)
Bankruptcy lawyer at Polk & Associates
When you file a bankruptcy case, the court will want a list of every debt you think you might possibly owe to any person, anywhere in the world. So yes, you should include the unemployment over payment when you file. As to whether or not your bankruptcy case will eliminate that particular debt by discharging it, the answer usually is yes but that answer can sometimes change when a lien has been filed as you indicated has been done. When a lien has been filed, you have to look at the exemptions and compare those to the property before being able to guess. Something else that effect the answer is the timing of when the lien was filed compared to when the bankruptcy case was filed.
When you file a bankruptcy case, the court will want a list of every debt you think you might possibly owe to any person, anywhere in the world. So yes, you should include the unemployment over payment when you file. As to whether or not your bankruptcy case will eliminate that particular debt by discharging it, the answer usually is yes but that answer can sometimes change when a lien has been filed as you indicated has been done. When a lien has been filed, you have to look at the exemptions and compare those to the property before being able to guess. Something else that effect the answer is the timing of when the lien was filed compared to when the bankruptcy case was filed.
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What can I do if the soverign bank collected on my discharged debt for those years?

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Answered by attorney Tony E. Carballo (Unclaimed Profile)
Bankruptcy lawyer at Carballo Law Offices
Hard to imagine how you managed to pay that much money if you did not want to continue paying and now you are concerned about it after so long. While the personal liability for the mortgage/deed of trust is discharged in bankruptcy, the debt is still collectable if the bank wants to sell the house in foreclosure and get whatever the sale proceeds are received because it is secured by a lien (a deed of trust or mortgage) and the lien is not affected by the bankruptcy. I would guess that the bank will now claim that you paid voluntarily which you are allowed to do after bankrutpcy. I doubt that you can get it back but your situation is so unusual that you need to consult with an attorney who can review the documents and get all the facts.
Hard to imagine how you managed to pay that much money if you did not want to continue paying and now you are concerned about it after so long. While the personal liability for the mortgage/deed of trust is discharged in bankruptcy, the debt is still collectable if the bank wants to sell the house in foreclosure and get whatever the sale proceeds are received because it is secured by a lien (a deed of trust or mortgage) and the lien is not affected by the bankruptcy. I would guess that the bank will now claim that you paid voluntarily which you are allowed to do after bankrutpcy. I doubt that you can get it back but your situation is so unusual that you need to consult with an attorney who can review the documents and get all the facts.
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