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jbrlaw
jbrlaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 269
Experience:  Creditors' rights lawyer involving collections, foreclosures and bankruptcies for almost 19 years.
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what is a Defiency Notice from bankruptcy court

Customer Question

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Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  jbrlaw replied 5 years ago.
Answered via Just Answer Chat.
Customer: replied 5 years ago.
Reply to jbrlaw's Post: My bankrupcy was final the 22 of May, I just rcvd this Defiency Court Notice
Customer: replied 5 years ago.
Is there a bankruptcy lawyer out there to help me with my question???
Expert:  jbrlaw replied 5 years ago.
I can help, but I need some more information.

Usually, when there is a secured debt, such as a mortgaged property or a car with a lien on it, and the asset is liquidated, the creditor send a notice of deficiency for the balance above what the asset sold for. Is that your situation? If so, a Chapter 7 should have discharged any and all deficiencies.

Otherwise, please provide more information appearing on the notice (e.g., the exact title of the doc, the court that issued it, etc.). I can look into it. Also, if you can provide your bankruptcy case number XXXXX case location, I can access the court's filings.

If this information was responsive, kindly "ACCEPT" so that I may receive the appropriate credit for my time. If you are so inclined, bonuses and positive feedback are always appreciated. Of course, if you require further clarification, please post a reply. Thank you and good luck!
***************************************************
Please note that I may not be licensed to practice law in your jurisdiction. As such, my above comments shall not be construed as legal advice and shall not be deemed to form an attorney-client relationship.
Customer: replied 5 years ago.
Reply to jbrlaw's Post: I do not have a lein on anything, my bankruptcy was a chapter 13, my car was not included, and the Defiency notice is with a credit union that I only owed money to and nothing else.
Expert:  jbrlaw replied 5 years ago.
What was the credit union loan originally for?
Customer: replied 5 years ago.
Personal loan
Expert:  jbrlaw replied 5 years ago.
If you are able to scan into a reply or fax the notice to me (fax #650-847-3225), I would be happy to look at it and give you a better answer. I want to help. This just doesn't make any sense to me as you've described and I have been handling bankruptcies for 19 years.

Also, your case number XXXXX the location of the bankruptcy court would be helpful.

Thank you.

Customer: replied 5 years ago.
My case number XXXXX(NNN) NNN-NNNN the trustee is Nancy Grigsby, I filed in Maryland State.. I am on vacation now in Washington state, a friend that has been getting my mail, told me about this yesturday when I asked him to open the envelope.. It is in reguards to Navy Federal Credit Union, which I called today, and they referred me to a collections agency, who I contacted and they said don't worry about it. But this came from the Court, I think??   My name isXXXXX
Expert:  jbrlaw replied 5 years ago.
Thanks for the info, Angela. I will look into it now and get back to you.

Unlikely that it came from court (but I've been wrong before). It seems like a creative but unlawful tactic by a collection agency to make a buck.
jbrlaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 269
Experience: Creditors' rights lawyer involving collections, foreclosures and bankruptcies for almost 19 years.
jbrlaw and 2 other Bankruptcy Law Specialists are ready to help you
Customer: replied 5 years ago.
Are you going to email me the information??? I spoke with the Collection agency today and they claim they had nothing to do with it..... ??
Expert:  jbrlaw replied 5 years ago.
Angela, I have your answer. Wow! Wish it were easier. First, please ignore everything that I told you above.

Anyway, Navy FCU assigned its claim to PRA Receivables Mgmt. However, the assignment papers were not filed by PRA to the court's liking. Therefore, the assignment was deficient and the deficiency notice was issued. You just received a copy since it is your case.

Here is what the notice says:
***************************
DEFICIENCY NOTICE

DOCUMENT: Assignment of Claim from Seller, NAVY FEDERAL CREDIT UNION, to Purchaser, PortfolioRecovery Associates, Filed by PRA Receivables Management, LLC. (Garcia, Dolores)

PROBLEM: The second Assignment of Claim filed on 7/28/2008 via ECF from Transferor Navy Federal Credit Union to PRA Receivables Management, LLC as agent of Portfolio Recovery Associates, LLC did not include a pdf image of the Transfer of Claim document.

CURE: File an amended Assignment of Claim to include the pdf image of the Transfer of Claim for docketing.

CONSEQUENCE: If the problem(s) is/are not cured by the date below, the pleading will be STRICKEN from the record.

All deficiencies must be cured by 8/11/08.
*********************************
So, Angela, you have absolutely nothing to worry about. The folks who want their assignment recognized have to deal with this, not you. Sleep tight and enjoy the rest of your vacation.

If this information was responsive, kindly “ACCEPT so that I may receive the appropriate credit for my time. If you are so inclined, bonuses and positive feedback are always appreciated. Of course, if you require further clarification, please post a reply. Thank you and good luck!

***************************************************
Please note that I may not be licensed to practice law in your jurisdiction. As such, my above comments shall not be construed as legal advice and shall not be deemed to form an attorney-client relationship.


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