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Recent Adversary Proceeding questions

I had a business chapter 7 bankruptcy in 2012. The

I had a business chapter 7 bankruptcy in 2012. The bankruptcy attorney filed a suit for default judgment claiming fraudulent transfer. I do not have the money to defend even though his findings are false. If this ends up a default judgment is it considered a civil suit. Also if I file a personal chapter 7 bankruptcy, will I be protected from this judgment.

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KJL LAW

Juris Doctorate

1,032 satisfied customers
I have an interesting series of questions to ask. First the

Good Afternoon,I have an interesting series of questions to ask.First the background;I was convicted on one count conspiracy to commit bank fraud for which I was sentenced to 41 months in prison and ordered to pay 700K+ in restitution. I have served my sentence and am now on probation. I am paying $200 a month on that restitution amount. I have never missed a payment.My former business partners testified against me. They are now embroiled in a federal bankruptcy case stemming from their behavior during the time that my crime (supposedly) was committed.An involuntary bankruptcy proceeding was initiated a few years ago, shortly after my sentencing. This proceeding also contains an adversarial proceeding initiated by the bankruptcy trustee in which she lays out a federal RICO allegation. One of the predicates within the RICO allegation is that my former business partners lied to the creditor (bank) about my behavior which in turned caused the bank to sue me and my federal bank fraud case to be initiated. The allegation is that my former business partners knew the bank would pass along their false statements to the justice department thus hindering the justice department's investigation as well as the bank's potential recovery of assets. There are (at least) eight other predicates called out within the adversarial proceeding.I maintained that I had no criminal intent and I did not benefit from the conspiracy. There were no other “conspirators” indicted.The case has been litigated in federal bankruptcy court and the judge has the case under advisement since December 19, 2015. The trustee expects a ruling soon.I can answer any questions you may have in order to clarify this further.My first question isIf the judge decides against my former business partners and all creditors are made whole do I still owe restitution?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

106,576 satisfied customers
I, the borrower, sent a RESPA/TILA Qualified Written Request

I, the borrower, sent a RESPA/TILA Qualified Written Request to a mortgage servicer requesting (proof of claim) the original or an authenticated and certified copy of the Original Promissory Note and to answer questions regarding the history of the sale, transfers or assignments of the mortgage, securitization records. The Bank responded claiming that my QWR did not contain a Notice of Error, therefore they are not required to respond to the QWR.JA: The Lawyer will need to help you with this. Anything else I can tell the Lawyer before I connect you two?Customer: my question: is this bank in violation of the RESPA/TILA regulations in the State of Maryland?JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and connect you two.

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CalAttorney2

Attorney

Doctoral Degree

19,430 satisfied customers
I have someone helping me to draft, motion to reopen

I have someone helping me to draft , motion to reopen adversary proceeding . It look very goodBut my question to you isIn order to make petition / motion to re open adversary proceeding look perfect. Should I attach some document issued by the city ( code enforcement )about permit violation ?? 2. The letter that my realtor agent told seller to compromise /compensate me about many permit violation ??

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

106,576 satisfied customers
My daughter is being garnished direct loans. She has a lot

My daughter is being garnished for federal direct loans. She has a lot of student debt and ignored the direct loans (against my advice). She has a good job now, but it's hard to pay Sallie Mae and now the garnishment is going to be a hardship. I saw there are companies that offer refinance programs now. This garnishment just took place. She said she did not see anything come in the mail to notify her of the garnishment. Can you suggest website and information to assist her in the best course of action? Is bankruptcy a viable option? She makes about $55,000 or more yearly.

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Gerald, Esq

Juris Doctor

5,130 satisfied customers
My house was foreclosed and sold when I only had $6000 left

My house was foreclosed and sold when I only had $6000 left to pay on it. I was behind on payments but had enough to pay nearly double the arrears before the sale. The mortgage company, Residential Credit Solutions, led me to believe that my offer was acceptable and that the sale would not go forward. With those reassurances, I passed on several offers to sell the home. I also passed on bankruptcy. I had several avenues to stop the sale if the mortgage company had not given me those reassurances. Then, just an hour before the sale time, they reneged and it was sold at a substantial profit, none of which came to me. Their grounds, they said, were that they could not know for sure that my funds were available until a few days after the sale was to take place. They also said that I had refinanced many times over the 30+ years I was in the home. That was not true. It had been shuffled around between a few mortgage companies after Countrywide fell apart, but none of those were my doing. I'm convinced that they knew they could sell it at great profit over my paying it off, which I would have done in a few months.

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CalAttorney2

Attorney

Doctoral Degree

19,430 satisfied customers
I was in a land contract I missed payments spoke with owner

I was in a land contractI missed payments spoke with owner he said it was ok because I wasn't working and could catch up when working againThen had a man show up at my house telling me I was being evicted & he wanted to see houseFound out brother in law (attorney) took over said I have to be out in 10days and everything owner said was void if I left quietly he would use down payment towards 5000 HE SAID I owed (not saying how I owed it) and just consider it evenI asked for extra week so I could find residence he agreedDuring this time he asked for pics to show to realtor sent ppl to house while I was there to see it n stuck a rent sign in yard I complied so not to cause issuesGot out of house 2days earlyThe brother in law then called said he wants 5000 again I said u told me we were even he said no that was to avoid evictionI asked for itemized list of how he got 5000 he sent a pencil scribbled half done paper with a new total of 7200 nowToday he called n left a msg on my Phn if I don't answer him he will send a bailiff to my job with a summonsWhat do I do?????

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Roger

Litigation Attorney

Doctoral Degree

33,418 satisfied customers
Esq JULY 7-2015 New QUESTIONS: Two Questions:

For William B. Esq JULY 7-2015 New QUESTIONS: Two Questions: No.1. Can I file a "motion to stop foreclosure" in the state Of New Jersey on the grounds that their representative or agent Commiited a crime by signing my wife's name to their loan documentswithout our knowledge or permission? No 2. If Ican File a Motion Or File something to stop foreclosure, what is the civil legal term and code, statue or case in NJ that I can refer to? I need this answer ASAP! Fred

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CalAttorney2

Attorney

Doctoral Degree

19,430 satisfied customers
I have filed 13 bankruptcy and have hired an

Hi. I have filed for Chapter 13 bankruptcy and have hired an attorney in Atlanta, Ga that is over my case. I filed back in April and obviously still in the bankruptcy and objections of the Trustee have just been answered again but not agreed on yet. Objections Hearing was pushed to July 28th. I have contacted my attorney and, yes, I'm aware that I was to report ALL credit cards I have which i did so. As I understand I am not to acquire other debts during the chapter 13 until it is fully discharged. My question is this...all but 2 of my credit card accounts were closed. I'd had most all paid off completely and at $0.00 balance but 2 accounts are still open apparently understanding I'm in bankruptcy. I understand I'm not supposed to use these cards during the bankruptcy however my question is what happens if I do use them? I fully understand I'm not supposed to and have even read i can have criminal implications should i do so without the Trustee granting me to do so. If I used them anyway on anything (luxury or emergency) without the Trustees knowledge what are the CHANCES I'd be found out and my risk involved? If I simply pay those cards "outside" of the bankruptcy wouldn't i still be ok? They are not high volume cards but it would be nice to have some "fallback" funding and I'm not prepared to go through all of the hassle to get them ok'd by the Trustee. I would think it would be almost next to impossible the Trustee would even know if I used them or not? I'm not looking for a "free pass" or for an attorney to say it's "ok to break ANY laws"...I'm mainly Just looking for a feasible answer SHOULD I take the risk and make the decision to use these 2 credit cards on my own myself while still in bankruptcy ;)

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CalAttorney2

Attorney

Doctoral Degree

19,430 satisfied customers
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