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Recent Arrearages questions

I am in the appeals court and my case was dismissed mainly

I am in the appeals court and my case was dismissed mainly because i could not afford to pay the arrearages for the mortgage.I appealed the lift of automatic stay and my objection to their proof of claim that was over ruled. Now the opposition has informed the appeals judge that my case was dismissed and now the appeal is constitutionally moot. because i did not appeal the dismissal of my bk. I have an apeallant brief due on monday. should i submitt my applleant brief anyway because the judge falsely back dated an indorsement on the note and if left unopposed im afraid it will prejudice me in my wrongful foreclosure suit.

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Phillips Esq.

Attorney

Juris Doctor

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A question concerning a modified Chapter 13 plan I am

A question concerning a modified Chapter 13 plan I am working on (Pro Se): At my recent 341 meeting, the trustee told me that they do not pay interest on mortgage arrearages and therefore I would need to modify the plan. I have replaced the originally proposed interest rate and changed it to 0% on the plan form. Within that section of the form, I also have listed secured debt that I owe to my condominium association. The association has obtained judgments for the debt - awarded at 6%. Are they entitled to be paid this interest within the plan? (I did have the debt listed - with the 6% interest - right underneath the mortgage arrearage debt w/ interest and at the 341 meeting the trustee said nothing about the association debt not being paid with interest - only the mortgage arrearage....so I probably could assume it's o.k. as it is but am just double-checking).

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DrakeLAW

Juris Doctorate

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We had a bankruptcy (Chpt 13) that went over a year past the

We had a bankruptcy (Chpt 13) that went over a year past the 5 year plan with no end in sight. How do I get answers as to what went wrong?

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Terry L.

Partner

Doctoral Degree

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I am finishing up with a divorce,I have settled my property

I am finishing up with a divorce,I have settled my property and debt issues with my ex. Unfortunately the divorce took its toll on my personal finances and credit card balances. Before the divorce I had a credit score of 780 and never had a late payment in over 35 years. I had to use my credit cards to pay for lawyers, living expenses and legal fees. All in all they now total some $50,000 for credit card and legal fees. I have car loans for myself and my son totaling about $20,000.My alimony wit child support was about $4500 a month it is now $1792 a month. I am only making payments on the basics, car loans, insurance, food etc. I was making less than minimum payments on my unsecured debts and CC's. I had to stop last month. I am going back to court on February 23 to ask for an increase in support. even with an increase it will be hard to make payments and have a life. Therefore I am giving bankruptcy a look at and need to know "when" I should file and which might be better to file chapter 13 or 7. I know with chapter 13, I can apply for a home loan as soon as the court ordered payments have been paid off. With chapter 13 I will have wait I believe two years.Thank you

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Phillips Esq.

Attorney

Juris Doctor

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Chapter 13 question. the debtor received a Chapter 7

Chapter 13 question. the debtor received a Chapter 7 discharge July of 2013. she has again gotten in trouble with unsecured debt but is also facing foreclosure and has incurred significant unpaid tax debt. the debtor is well under the median. She doesn't have enough to pay the tax debt and the unsecured and the arrears on the home. can she file and get confirmed a plan which only addresses the arrears on the house and places her car in the plan but does not address unsecured and taxes?

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DrakeLAW

Juris Doctorate

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I have a question about paying a chapter 13 filing fee

I have a question about paying a chapter 13 filing fee inside a chapter 13 plan. The chapter 13 bk filing fee is $310. Can this ever be paid as part of a chapter 13 plan payment? That makes it really affordable over 60 months. Utah bk judges seem to demandthis payment be made within 30 days after filing

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I bought a 2nd mortgage lien at a significant discount

I bought a 2nd mortgage lien at a significant discount because it was non-performing. There is equity to cover my lien. The borrower filed BK Ch 13 on 3/2015. I checked on PACER and saw that they have a confirmation hearing on 9/9/15. I wasn't part of the list of creditors. What can I do now to protect my interest?

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TJ, Esq.

Juris Doctor (JD)

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I live in South Carolina and my wife and I have combined

I live in South Carolina and my wife and I have combined income of $85000 for a family of 4. We have about $60000 in credit card debt. We are current on all our bills but after a reduction in income about six months ago we will soon not be able to keep up. Is Chapter 13 an option and what kind of repayment plan would we be looking at for all of this unsecured debt.

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TJ, Esq.

Juris Doctor (JD)

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I have a 2nd note secured by real estate. The borrower filed

I have a 2nd note secured by real estate. The borrower filed a chapter 13 bankruptcy last year that I just found out about. It was mainly a tactic to keep the 1st lender from foreclosing. He has not disclosed my debt to the court. Will I jeopardize being able to enforce my debt later if I don't inform the court now? There is little equity in the property and it will benefit me if his plan is approved and he saves the property. If I do something now and his bankruptcy case is ended because I blew the whistle on him, I lose anyway because the bank will sell the property. I am on the horns of a dilemma.

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Terry L.

Partner

Doctoral Degree

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