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Recent Amount of Claim questions
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?
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?
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!
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)
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.
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?
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?
Is possible that an "Injured Spouse Allocation" (Form 8379)
Is possible that an "Injured Spouse Allocation" (Form 8379) may protect my 2013 tax return that I will be filing jointly with my husband? I filed for Chapter 7 bankruptcy, my husband did not. My husband is the only one with income, as I am unemployed and did not have any income for 2013. Because of the Child Tax Credits that we will be receiving I think the trustee will want the portion of our tax return that is "because of me." Is it likely that if my husband files this form with the IRS that our tax return will be protected from seizure?
In a nutshell my hours have been cut and my wife had to takeView more bankruptcy law questions
In a nutshell my hours have been cut and my wife had to take a lower paying job. Sold everything of value to pay the rent but we just can't swing it. Went ahead and moved in with family. Apartment office says they want 2 months rent (2k) and 60 notice. When asked about making payments they said to talk to an attorney. I don't want an eviction haunting me for future housing so what should I do? I don't have the cash they want. I've been contemplating bankruptcy but my wife's name is XXXXX XXXXX the lease and she only has student loan debt.