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Recent Amount of Claim questions

We just got this from one company, they have an opened

We just got this from one company, they have an opened invoice of about $17,000.00 what should we do?Choxi.com, Inc. - Debtor's Motion Pursuant to Sections 105(A), 332 and 363 of the Bankruptcy Code [Docket No. 11], Declaration of Tracy L. Klestadt [Docket No. 12] and Order to ShowCauseScheduling Hearing on Shortened Notice [Docket No. 14]On December 5, 2016, the Debtor filed a voluntary petition for Choxi.com, Inc. (the “Debtor”) in the United States Bankruptcy Court for the Southern District of New York (Case No. 16-13131) seeking relief under the provisions of Chapter 11 of the United States Bankruptcy Code.Rust Consulting/Omni Bankruptcy is providing you with a copy of the attached document(s):Debtor's Motion Pursuant to Sections 105(a), 332 and 363 of the Bankruptcy Code and Bankruptcy Rules 2002 and 6004 (A) for an Order (i) Approving License Agreement with Stalking Horse Bidder on an Interim Basis, (ii) Scheduling Bid Procedures Hearing and (iii) Directing the Appointment of a Consumer Privacy Ombudsman, (B) for an Order (i) Approving Bid Protections, (ii) Approving Bid Procedures, (iii) Scheduling an Auction and Final Hearing and (iv) Approving the Form and Manner of Notice Thereof and (C) for an Order Approving License Agreement on a Final Basis or Sale to Successful Bidder Free and Clear of all Liens, Claims and Encumbrances [Docket No. 11]· Declaration of Tracy L. Klestadt Pursuant to Local Bankruptcy Rule 9077-1 in Support of Order to Show Cause Scheduling Hearing on Shortened Notice [Docket No. 12]Order to Show Cause Scheduling Hearing on Shortened Notice on the Debtor's Motion Pursuant to Sections 105(a), 332 and 363 of the Bankruptcy Code and Bankruptcy Rules 2002 and 6004 (A) for an Order (i) Approving License Agreement with Stalking Horse Bidder on an Interim Basis, (ii) Scheduling Bid Procedures Hearing and (iii) Directing the Appointment of a Consumer Privacy Ombudsman, (B) for an Order (i) Approving Bid Protections, (ii) Approving Bid Procedures, (iii) Scheduling an Auction and Final Hearing and (iv) Approving the Form and Manner of Notice Thereof and (C) for an Order Approving License Agreement on a Final Basis or Sale to Successful Bidder Free and Clear of all Liens, Claims and Encumbrances [Docket No. 14]

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DrakeLAW

Juris Doctorate

952 satisfied customers
I have some questions about selling my home during my

I have some questions about selling my home during my Chapter 13 case.I'm a pro se chapter 13 filer with a confirmed plan. I am considering selling my residence and I want to estimate the costs of withdrawing from the Ch. 13 and selling on my own vs. putting in a motion to sell the property and selling it during the chapter 13 case.Most of the debt to be paid through my plan is secured. First, there is my mortgage company (with arrears specified to be paid through my plan - the mortgage company properly filed their proof of claim). Then there are 2 liens from my condo association attached to the property (the association did NOT file a proof of claim by the deadline for these). Finally, there is a lien from American Express attached to the property (American Express filed proof of claim properly).. If I obtain approval to sell during my Ch. 13 case, how are disbursements to those creditors handled? Does the trustee pay them and get his % commission on those payments? Is he also commissioned on payments made to the real estate/legal professionals approved to be paid from the sale?As far as debt included within my plan that is not attached to my property, there is a $2300 crammed down title loan (the title loan company was noticed but *did not* file a proof of claim) and a $775 claim from a credit card company (they filed proof of claim properly). Will the trustee only pay the credit card company from the sale proceeds (as the title loan co. did not file proof of claim)?Finally, can you give me an estimated amount of time it might take for the trustee to disburse the excess funds from the sale to me? There is plenty of equity in the home to pay all of my creditors (secured and unsecured....though some have not filed proofs of claim).

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Terry L.

Partner

Doctoral Degree

2,910 satisfied customers
I filed Ch 7 pro se in June 2010 in the NE District of Texas

I filed Ch 7 pro se in June 2010 in the NE District of Texas Judge Hauser's court and was discharged with no issues in October 2010. On schedule D I listed the value of my home as $45K. Amount of Claim without deducting Value of Collateral 116K. Unsecured Portion if ANY - 71K.The day of the only face to face hearing with Judge Hauser, there was an attorney there Representing BAC Home Loans - the Judge asked him for a Notarized statement of some sort- he did not have it - she dismissed him and to my knowledge no 'proof of claim' (I think that is the right phrase) was ever filed by anyone. She asked me my intentions and I said I was going to try to short sale the house if possible. This never happened. I am still in the house and have not made any mortgage payments since February 2010.I had a Credit Clean Up agency work on my credit recently. I got an Apology Letter from Nation Star Compliance department saying they would remove the negative history and that they should not have been attempting to collect.Mackie Wolfe has been persuing me ever since.Where do I stand with regards ***** ***** debt on the house?

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mmdesq

Attorney

Doctoral Degree

1,046 satisfied customers
If somebody files 7, but there are debts but have

If somebody files for Chapter 7, but there are debts but have not reported and have not been calculated yet due to a very lengthy hospital stay, what does one do once the chapter 7 is discharged and there are multiple bills that were not included but we're accrued prior to the filing?I know someone can reopen their BK, but do 'phantom debts' not automatically get included if for some reason they had not been reported to the person filing?

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38,838 satisfied customers
Message for Terry L: I am preparing a 7 petition for someone

Message for Terry L: I am preparing a 7 petition for someone and had some questions: (1) If there are several accounts that were closed and listed on person's credit report as a “charge-off” should I still list them even though the balance on the reportshows 0? Or just list the collection agency? Also the original account numbers are unknown, should I leave the account # *****? (2) Finally is there a special way to list student loans [granted they won't be discharged] on the petition (person wants a breakin payments while pending). What about closed bank accounts that have negative balances? Thank you in advance Terry!

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Terry L.

Partner

Doctoral Degree

2,910 satisfied customers
California Ch 7 BK question.Chapter 7, filed, approved,

California Ch 7 BK question. Chapter 7, filed 12/2013, approved, discharge letter sent out: 04/2014. No disputes. Spouses are separated. Tax filing status probably joint until upcoming divorce, if any. I don’t understand the Schedule F page I am looking at the non-working spouse’s schedule f that has the following boxes: What does it mean when the box marked “CODEBTOR” has x’s next to some and blank on others? categories: Codebtor Husband, wife, joint, or community date claim was incurred and consideration of claim, and if subject to setoff, so state contingent unliquidated disputed amount Some she has checked off as codebtor, and some blank Under date claimed, some have descriptions, some dates, some saying spouse’ expense Amount of claim (there’s an amount)

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5,318 satisfied customers
The AR DFA assessed me $1,068 and filed a lien on me in the

The AR DFA assessed me $1,068 and filed a lien on me in the county courthouse. The statutes say that my only remedy is to (a) pay the entire amount of tax due for any taxable periods covered by the final assessment within one year of the date of the final assessment or (b) file a bond for double the amount of the tax deficiency within 30 days of the issuance of the final assessment.I did neither - I filed an amended return figuring that I owed them $488 and included a check.They cashed the check on 10/24/13 and filed the lien on 10/28/14 for $1,068, the full amount.On 11/11/13, I spoke to them and upon their request, faxed them my return and the copy of the canceled check.On 11/14/13, they filed a proof of claim in my 13 case for $1,068.I want to argue waiver and forfeiture as an affirmative defense. Would you please provide me with the gist of the reasoning for this defense? I know the Wiki definitions of the terms but am struggling with the verbiage to apply it here.

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Terry L.

Partner

Doctoral Degree

2,910 satisfied customers
I am halfway through (2.5yrs) a ch 13 plan and have received

I am halfway through (2.5yrs) a ch 13 plan and have received a motion to modify/dismiss my plan due to my tax return which shows I have increased earnings 30 % (which is true)I really do not want to get hit with this additional expense, and am looking at letting the case be dismissed. I realize that all outstanding debts would now become collectable again.I am trying to see if there are any other repercusions here that are not obvious to me?Does the money I have paid to the creditors so far count towards balance due?Does the court notify each creditor directly that my case was dismissed?Can creditors now attach additional fees for the time that the debt was in a ch 13?

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A.J.

Attorney

Doctoral Degree

4,644 satisfied customers
My chapter 13 case was dismissed and I plan to refile a new

My chapter 13 case was dismissed and I plan to refile a new chapter 13 case. I have paid monies to the trustee and my previous counsel entered a motion notifying my creditors to make a claim against the funds by requesting a hearing within 21 days. My question is, If i file my new case soon what happens to the monies I paid the trustee in my old case?

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Roger

Litigation Attorney

Doctoral Degree

34,280 satisfied customers
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