How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask BKAnswerMan Your Own Question

BKAnswerMan
BKAnswerMan, Attorney
Category: Bankruptcy Law
Satisfied Customers: 25
Experience:  Experienced Bankruptcy Attorney that has represented over 1,000 clients in consumer bankruptcy proceedings.
67787790
Type Your Bankruptcy Law Question Here...
BKAnswerMan is online now
A new question is answered every 9 seconds

Chapter 13 bankruptcy judge decision to disallow by entire

Resolved Question:

Chapter 13 bankruptcy judge decision to disallow by entire per violations of the truth and lending including other violations etc. The bankruptcy trustee is closing account from 10/2007 to 5/30/2012 his final account is showing we have been exempted for $682.000.00. Can I request from trustee to have the bank send our title of ownership? Can I also request for the itemized explanation of how did the trustee come up with the calculation of the said amount?. This case was proven of FRAUD..
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  BKAnswerMan replied 2 years ago.

BKAnswerMan :

So the bank violated the Truth and Lending Act?

BKAnswerMan :

The Trustee would not be the correct person to have send the title of ownership. The reconveyance would need to come from the Mortgage or Deed of Trust holder depending on how your loan was set up.

BKAnswerMan :

It sounds to me like the Judge may have disallowed the banks proof of claim because of fraud. There is no homestead exemption of $687,000 available in HI, so it is a little odd for the final accounting to reflect an exemption in this amount. It seems more likely to me that the claim was excluded from the Chapter 13 plan and so the Trustee is listing it as exempted if at all for administrative purposes. Most of the time large loans like this are paid outside, or excluded from the Chapter 13 plan.

BKAnswerMan :

You can request clarification from the Trustee, but you should go through your attorney if you were represented by one. Whether you get a response and how long it takes for the Trustee to respond depends in large part on the idiosyncracies of your particular Trustee.

BKAnswerMan :

I hope my answer was helpful.

Customer:

The Trustee listed the secured loan amount $418.552.39 the unsecured amou

Customer:

unsecured amount $18,552.39

Customer:

forgive me I am not frequent to chatting

BKAnswerMan : Okay, these amounts would reflect the total debt on proofs of claims filed in your case.
Customer:

yes

BKAnswerMan : Did you have attorney representation?
Customer:

at first the judge let him withdraw than I became prose

Customer:

The Judge let me prose and presentation all day against countrywide boa

BKAnswerMan :

So after hearing your case the judge ruled that the countrywide/boa claim was fraudulent?

BKAnswerMan :

How long ago did the judge hear your case?

Customer:

Correct

BKAnswerMan :

The reason why I ask is that there was a Supreme Court case issued this year holding that bk judges cannot issue "final orders" on state court issues. Was the case decided recently?

Customer:

September 2011.

BKAnswerMan :

So that was prior to the decision in Stern v. Marshall.

Customer:

well I know I recieved his answer on Sept 2011

Customer:

and the case was held this month for final account

Customer:

FRAUD...

BKAnswerMan :

Okay, so it sounds to me like you need to obtain a reconveyance from the bank. The difficulty will be tracking down who the appropriate entity is to reconvey the title. This is fairly complicated. I'm impressed that you were able to represent yourself pro se and obtain a favorable ruling.

Customer:

Mahalo XXXXX XXXXX not a lawyer, I am impress of your answer to reconveyance from the bank. I am able to track down who the appropiate entity is to reconvey the title at the State of Hawaii Bureau of Conveyance...

BKAnswerMan :

You should look into that. Also, the way Chapter 13 plans are normally set up, mortgages are generally paid outside of the plan. It may be the case that although the proof of claim was kicked out, if the mortgage was not included in the plan, that it is still not completely satisfied through the Chapter 13 bankruptcy.

BKAnswerMan :

You may be able to amend your plan to include payment of the mortgage through the Chapter 13 bankruptcy if the entire claim was kicked out, to try and obtain a ruling through the bankruptcy court that the mortgage has been satisfied.

Customer:

Sounds like a deceit answer to me, I will look into filing all pertinent documents

BKAnswerMan :

My suggestion would be to find a local Hawaii bankruptcy attorney to try and get a free consultation regarding your situation. Bankruptcy law can vary widely depending on local practice.

BKAnswerMan :

At this point, since you have already received a favorable ruling from the bankruptcy court and completed your plan, then it sounds like it would be worth your while to bring in your documents for an attorney to look at them to give you very specific advise to your situation. Many attorneys offer free consultations as a way to generate business. Without having all of the documents available to review, there may be some legal nuances that are hard to pick up on in chat format.

BKAnswerMan :

I hope that I was able to at least point you in the right direction.

Customer:

Mahalo XXXXX XXXXX many claim conflict of interest because they are associated affiliated acquainted or related. It is dufficult I have till 5-30-2012 to answeer to trustee I did file all documents proving the judge decision to Disallow althought the bank of america opposed 2 times.

Customer:

his final decision was also with held from the public

Customer:

I filed documents in May before our hearing claiming all corporation conspiracy to collect paid arearages

Customer:

I have receipts of all paid arrearages before the MERS was put on the GAARAGR DOOR.

BKAnswerMan :

So did you stop a foreclosure by filing bankruptcy?

Customer:

yes

BKAnswerMan :

Did you receive a discharge?

Customer:

this was my alternative because my husband and I would of lost by auction

Customer:

My husband is the name bankruptcy claim

Customer:

I had to pro se for my husband for he was overwhelmed by his employment and ot

Customer:

well I am also a owner I AM HANDICAP AND ASK OF NO FAVORS

Customer:

FOR I DID NOT RECIEVE NO FAVORS

BKAnswerMan :

Sounds like you did well for yourself. How did you bring your motion against the bank? Was it by objection to proof of claim?

Customer:

AKAMAI MEANS SMART YES

Customer:

MAHALO XXXXX XXXXX ANSWER PLEASE YOUR LABOR WAS WELL WORTH YOUR AKAMAI ANSWER.

BKAnswerMan :

Mahalo. I wish you the best of luck in sorting this out.

Customer:

MAHALO XXXXX XXXXX

BKAnswerMan :

It appears that this post is still being listed for all of the experts response. I believe that there is a green "accept" button that you may need to press in order to close out this question. Happy Memorial Day.

BKAnswerMan, Attorney
Category: Bankruptcy Law
Satisfied Customers: 25
Experience: Experienced Bankruptcy Attorney that has represented over 1,000 clients in consumer bankruptcy proceedings.
BKAnswerMan and 3 other Bankruptcy Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
< Last | Next >
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
  • http://ww2.justanswer.com/uploads/TL/tleeders/2012-6-13_204815_TSL1.64x64.jpg Terry L.'s Avatar

    Terry L.

    Attorney

    Satisfied Customers:

    2204
    Better Business Bur 15yrs bankruptcy experience. Chicago Bar
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    950
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/CO/cortrightlaw/2011-12-5_4117_Kevin.64x64.JPG cortrightlaw's Avatar

    cortrightlaw

    Attorney

    Satisfied Customers:

    490
    Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
  • http://ww2.justanswer.com/uploads/Jay1968/2006-12-03_004423_JoeRossPhoto.jpg JoeLawyer's Avatar

    JoeLawyer

    Attorney

    Satisfied Customers:

    376
    Attorney in the practice of Bankruptcy Law since 1996
  • http://ww2.justanswer.com/uploads/DY/Dylatess/2012-9-11_1968_BHBTemplePhoto.64x64.jpg dylatess's Avatar

    dylatess

    Attorney

    Satisfied Customers:

    370
    35 plus years of experience specializing in bankruptcy law
  • http://ww2.justanswer.com/uploads/US/USLawAnswers/2012-9-20_23143_20090105211638Headshot3b.64x64.jpg Brent Blanchard's Avatar

    Brent Blanchard

    Bankruptcy Attorney

    Satisfied Customers:

    315
    Twelve years experience in all aspects of debtor & creditor BK.