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Good evening! I can help you out with your legal question tonight.
If you owe too much, then yes, your creditors can force you to file bankruptcy. You get to determine which chapter you wish to file under though. If you have too much debt then you are limited to either a chapter 13 or chapter 11.
How much debts do you have? Over $1 million?
Yes, it looks like an 11. From a practical point of view there is one lower executive at this bank making poor decisions causing excessive unnecessary expense for me and I am considering unconventional approaches.
What are those expenses that the lower exec is making you have?
Mainly having to file bk. I upset him and he will not negotiate at all. the debt is $150, I have stopped the sale twice, they ordered a receiver whom has not kept the property rented. In a typical situation we could opt for a short sale or some other option and they are upset since we have extended the litigation 3 years out so now they are trying to garnish my wife's 200/wk PT job.
Do you have an attorney who filed your petition?
pro se. filed the day before sale. I have attorney's for the foreclosure cases but they cannot get through to this exec person at bank.
I would recommend getting a bankruptcy attorney to help you. It appears the lower exec is somewhat bullying you and taking advantage of your knowledge of the law.
oh clearly. What are your thoughts on having people in front picketing to get their attention or sending a letter to the board of directors ?
A local attorney would be able to help push what you want in your bankruptcy case.
That is definitely allowed and any attention you can bring regarding the unneccesary hoops will help you.
ok, thanks and enjoyed the chat.
You are welcome!