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 Paul K, Esq. Your Own Question

Paul K, Esq.
Paul K, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 141
Experience:  10 years Exp., Great customer service, Prompt responses.
Type Your Bankruptcy Law Question Here...
Paul K, Esq. is online now
A new question is answered every 9 seconds

to Paul K, Esq. only On their third amended claim, they

Resolved Question:

to Paul K, Esq. only

On their third amended claim, they listed a secured claim for $3,670 (down from $43K).

I filed a motion to object.

Their atty called me and asked if I would be satisfied if they claimed 0 as secured.

I said yes.

They filed amended claim #4 showing zero secured, zero unsecured and zero entitled to priority.

I called back and asked what would happen to the 2005 lien.

Got no response.

I filed amended plan asking that their lien be erased.

They filed the present motion to deny confirmation.

Are they just preserving their right to attach future assets ? For how long ? Does the judge have to grant their motion to deny ?
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Paul K, Esq. replied 1 year ago.

Paul K, Esq. :

Hello, my name is XXXXX XXXXX I would love to assist you. Give me a moment to research your issue and I will answer promptly.

Paul K, Esq. :

I am at Court and when done I will read through this and respond. Talk to you soon!

Paul K, Esq. :

That seems odd.

Paul K, Esq. :

I dont quite understand why they would file a Claim for $0.00 in secured and then object when you basically say what they are saying.

Paul K, Esq. :

What is your case number. I can look it up and see what was filed. Also if it is on the last document you attached I can just take it from there. Thanks!!!!

Paul K, Esq. :

The Case number XXXXX redacted on the document, so if you can let me know I can look it up and review the docket.

Paul K, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 141
Experience: 10 years Exp., Great customer service, Prompt responses.
Paul K, Esq. and other Bankruptcy Law Specialists are ready to help you
Customer: replied 1 year ago.
12-64496-TMR13
Expert:  Paul K, Esq. replied 1 year ago.
From what I can see, you just need to take that part out of your Plan, that the lien is avoided. They are basically saying the lien will be zero and they get paid zero, but they want lien in place in case your Ch 13 gets dismissed and then they can still collect. So they are not saying you owe a secured debt or have to pay one, just that they want to keep their lien in case...
Paul K, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 141
Experience: 10 years Exp., Great customer service, Prompt responses.
Paul K, Esq. and other Bankruptcy Law Specialists are ready to help you
Expert:  Paul K, Esq. replied 1 year ago.
So basically, I would call IRS lady who filed objection and request an Agreed Order. This is basically a settlement so that you don't have to redo the whole plan. If you agree that they are unsecured and will be paid that way and that there is nothing to secure the lien to, then you get what you want. If they do not want to do an Agreed order, I would amend plan to just take out the avoidance of lien language and get your case confirmed. Confirmation is key!
Paul K, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 141
Experience: 10 years Exp., Great customer service, Prompt responses.
Paul K, Esq. and other Bankruptcy Law Specialists are ready to help you
Customer: replied 1 year ago.
Excellent and thorough advice as usual.

I wish you practiced in Oregon.
Expert:  Paul K, Esq. replied 1 year ago.
If you have any other questions, please let me know. I know it is stressful and crazy doing a Ch 13 with an Atty, so I am sure it is doubly difficult alone. Good luck!!!
Paul K, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 141
Experience: 10 years Exp., Great customer service, Prompt responses.
Paul K, Esq. and other Bankruptcy Law Specialists are ready to help you
Customer: replied 1 year ago.
I have plenty more questions, but it appears that I can "accept" more answers in this same thread. If not, please advise.

For instance:

1. If I was to win an award for a stay violation post confirmation, would the "taxing agency" or any other creditors be entitled to a portion thereof ?

2. One of the creditors is holding funds in my account and is refusing to issue a refund because of a negative balance in my account on another website that is wholly owner by the former. What to do ?

3. Can a JA subscriber contract with an expert to draft a document such as the motion regarding the stay violations ?

Expert:  Paul K, Esq. replied 1 year ago.

I can answer here. I have about 4-5 hours if travel, then I will jump on a computer asap. Thanks!

 

Ok, back to computer. Here are my answers:

 

1. If I was to win an award for a stay violation post confirmation, would the "taxing agency" or any other creditors be entitled to a portion thereof ?

 

No, a stay violation is your money and wont be taken by creditors. I have never seen or heard of that happening.

 

2. One of the creditors is holding funds in my account and is refusing to issue a refund because of a negative balance in my account on another website that is wholly owner by the former. What to do ?


This sounds like a stay violation to me. If these funds were on deposit pre-filing, they cannot keep them once you file because of a negative balance. It is all included in the BK and treated per the Plan. I would send a demand letter to them stating that if the funds held in violation of federal law are not released in 14 days, you will file a Motion to have them come before a federal judge to explain why they are violating federal law and you will demand punitive damages and sanctions.

 

When we were talking before about "damages" - this is one. They have your money, so it is not in your possession earning interest. Also it could have prevented you from paying trustee or mortgage or whatever, so you 1) lost interest and 2) lost the ability to make your obligations timely.

Paul K, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 141
Experience: 10 years Exp., Great customer service, Prompt responses.
Paul K, Esq. and other Bankruptcy Law Specialists are ready to help you
Expert:  Paul K, Esq. replied 1 year ago.
As for Number 3, I do not think we are permitted to do that...to circumvent the system. However I think I my original post I basically typed up most of it. SO if you copy and paste from that and fill in the blanks a bit, it could you get most of the way there.

Good luck!!!! Creditors can be jerks!
Expert:  Paul K, Esq. replied 1 year ago.
I saw that your dates are coming p. I recommend speaking with IRS ASAP and doing an agreement. If you have questions after speaking with them, let me know.
Paul K, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 141
Experience: 10 years Exp., Great customer service, Prompt responses.
Paul K, Esq. and other Bankruptcy Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks for the reminder ! I redacted the attorney's contact info, so I need to download a new copy. Also, I found a great, pertinent (though lengthy) article: http://www.law-full.com/nacba2010/Methods_Enhance_Awards_Stay_Discharge_524%28i%29_Violtns.pdf
Customer: replied 1 year ago.
I called the creditor who is holding a balance in my account that I asked about yesterday. They told me that the only way they could issue a refund is if I would link a credit or debit card to my account - and thus to my checking account. I told them I didn't want to do that, that I wanted a paper check instead because they debited funds from my checking account previously without authorization. This occured post-petition but before I added them as a creditor. They said "oh well, that's the only way we can do it. We're not setup to write checks" (although they're setup to accept them). This is a major online auction site and it's payment processing arm.

Also, Is it necessary for me to include evidentiary documents with my stay violation motion ?
Expert:  Paul K, Esq. replied 1 year ago.
In regards XXXXX XXXXX payment, it may just be easier to accept the money in a checking account. It is easier to have it in hand then to debate it and let them earn interest on it.

In regards XXXXX XXXXX Stay violations, I would attach letters received from them or bills, a page summarizing the calls (for example a spreadsheet or word document showing calls on each day and numerous times a day, if applicable), thing like that. Just any evidence to show they did send you bills/letters or call you repeatedly after getting notice.
Customer: replied 1 year ago.
Will I be able to list multiple defendants in the motion as opposed to the adversary proceeding ?

Also, do I need to notice the defendants of their stay violations before filing the suit ?
Expert:  Paul K, Esq. replied 1 year ago.
YOu can list multiple defendants, but it is usually easier to do a separate motion for each. Now, every judge in the US is different and their are hundreds of them that change, so one never knows each and every one, but I have never seen a judge require an Adv Pro for this. YOu can never say never, but again, it is free and easier to try first, just in case.

WHen a creditor is violating the stay, it is usually best to warn them once in writing to make sure they know about the BK filing. Then if they violate it more after receiving notice from Court AND you, then it shows "a callous disregard for bankruptcy law and this court."
Paul K, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 141
Experience: 10 years Exp., Great customer service, Prompt responses.
Paul K, Esq. and other Bankruptcy Law Specialists are ready to help you
Customer: replied 1 year ago.
Are credit bureaus culpable ? After all, they receive and post notice of a BK almost immediately but, in my case, at least, they have persisted in allowing creditors to post past due data for four months. Is there a way to get free credit reports from the agencies in the case of a BK. I had already received my statutory reports before the BK was filed ? Thanks again.
Customer: replied 1 year ago.
One of my secured creditors has yet to respond to my Ch 13 plan and/or to file a claim. If they do not, will they be required to accept the valuation of the collateral I listed ?
Expert:  Paul K, Esq. replied 1 year ago.
The credit bureau probably would not be liable. They are only reporting what is reported to them by the creditor, who is ultimately at fault.

If your Plan get confirmed and they do not object, the Bankruptcy Code section 1327 says that the terms of a confirmed bankruptcy plan are binding on creditors. Keep in mind however, the bankruptcy wont affect the actual balance due on a mortgage that is paid after the BK ends. For example, if the mortgage company doesn't file a claim, you still owe it after BK. If the Plan says the arrears are $10k but they are $20k, you will still owe the other $10k after the BK ends.
Paul K, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 141
Experience: 10 years Exp., Great customer service, Prompt responses.
Paul K, Esq. and other Bankruptcy Law Specialists are ready to help you
Expert:  Paul K, Esq. replied 1 year ago.
Which creditor is it? A Car or mortgage company?
Paul K, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 141
Experience: 10 years Exp., Great customer service, Prompt responses.
Paul K, Esq. and other Bankruptcy Law Specialists are ready to help you
Customer: replied 1 year ago.
motorcycle.

Also, is form B20a only the notice of a forthcoming motion or is it the motion itself ?
Expert:  Paul K, Esq. replied 1 year ago.
Form B20A is an additional Form. Usually titled Notice of Motion which sets out when the response date is, which is usually 14 or 21 days, and sometimes the hearing date. I would call the clerk for the judge and ask "Procedurally, on a Motion to Show Cause, do I need to schedule the hearing or will the court do so." Then they will tell you the answer to what your specific judge wants.


Customer: replied 1 year ago.
thanks. what about the motorcycle ?
Expert:  Paul K, Esq. replied 1 year ago.
How long ago did you purchase it...more or less than 2 and a half years?
Paul K, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 141
Experience: 10 years Exp., Great customer service, Prompt responses.
Paul K, Esq. and other Bankruptcy Law Specialists are ready to help you
Customer: replied 1 year ago.
2002
Expert:  Paul K, Esq. replied 1 year ago.
If you purchased it that long ago, then yes the creditor is stuck with the value listed in your Plan, and the remainder is discharged. Have a great night and dont forget to accept all these answers!!!

Good luck.
Paul K, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 141
Experience: 10 years Exp., Great customer service, Prompt responses.
Paul K, Esq. and other Bankruptcy Law Specialists are ready to help you
Customer: replied 1 year ago.
Paul - I just realized that I can post a request to have the motion we've spoken about drafted on JA, specifically for you, at a flat rate. I'm not sure where to post it, but I know it can be done. If you would be willing to do it, what would be the appropriate cost ?
Thanks !
Expert:  Paul K, Esq. replied 1 year ago.
I am not sure. I have not heard of that. Look into how we do it and maybe link here the page where you found it so I can confirm. I will look into what is charged normally on JA. Thanks!!!
Customer: replied 1 year ago.
One can post an assignment in the "Essays" section under Computers & Education.
Expert:  Paul K, Esq. replied 1 year ago.
I started to answer in the other screen, so just leave me some details there. Have a good evening and hopefully I can continue to answer your questions and demonstrate why JA is a great service to have.
Paul K, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 141
Experience: 10 years Exp., Great customer service, Prompt responses.
Paul K, Esq. and 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.