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..
State/Country relating to question: Hawaii
So the bank violated the Truth and Lending Act?
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.
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.
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.
I hope my answer was helpful.
The Trustee listed the secured loan amount $418.552.39 the unsecured amou
unsecured amount $18,552.39
forgive me I am not frequent to chatting
at first the judge let him withdraw than I became prose
The Judge let me prose and presentation all day against countrywide boa
So after hearing your case the judge ruled that the countrywide/boa claim was fraudulent?
How long ago did the judge hear your case?
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?
So that was prior to the decision in Stern v. Marshall.
well I know I recieved his answer on Sept 2011
and the case was held this month for final account
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.
Mahalo X XX 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...
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.
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.
Sounds like a deceit answer to me, I will look into filing all pertinent documents
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.
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.
I hope that I was able to at least point you in the right direction.
Mahalo XXXXXXX XX 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.
his final decision was also with held from the public
I filed documents in May before our hearing claiming all corporation conspiracy to collect paid arearages
I have receipts of all paid arrearages before the MERS was put on the GAARAGR DOOR.
So did you stop a foreclosure by filing bankruptcy?
Did you receive a discharge?
this was my alternative because my husband and I would of lost by auction
My husband is the name bankruptcy claim
I had to pro se for my husband for he was overwhelmed by his employment and ot
well I am also a owner I AM HANDICAP AND ASK OF NO FAVORS
FOR I DID NOT RECIEVE NO FAVORS
Sounds like you did well for yourself. How did you bring your motion against the bank? Was it by objection to proof of claim?
AKAMAI MEANS SMART YES
MAHALO XXX XXXX ANSWER PLEASE YOUR LABOR WAS WELL WORTH YOUR AKAMAI ANSWER.
Mahalo. I wish you the best of luck in sorting this out.
MAHALO -XXXXX XXX
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Experienced Bankruptcy Attorney that has represented over 1,000 clients in consumer bankruptcy proceedings.
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