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Recent Automatic Stay questions

I am under chapter 13.Ibjust got served with a lawsuit for

I am under chapter 13.Ibjust got served with a lawsuit for breach of non compete.Should I reapond to the complaint?

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Roger

Litigation Attorney

Doctoral Degree

34,606 satisfied customers
Is it more advantageous to have your case dismissed

Is it more advantageous to have your case dismissed voluntarily or to have it dismissed for failure to make plan payments? Thank you in advance for your assistance.

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Terry L.

Partner

Doctoral Degree

2,928 satisfied customers
A mortgage on my commercial loan has matured, the bank won't

A mortgage on my commercial loan has matured, the bank won't refinance it and is threatening to foreclose, its difficult if not impossible to obtain refinancing due to civil litigation resulting in my chapter 7persoanl bankruptcy. The unique quandary is that the adversary plaintiff had obtained a fraudulent preliminary injunction for six years preventing any refinance or sale that would allow me to payoff the matured mortgage. I just had that six-year frivilose lawsuit dismissed on summary judgment, but the implications from it have caused substantial credit issues preventing refinance.During all the chaos and adversity I always stayed current with my mortgage. Can I file restructuring bankruptcy and ask the court to extend my loan, preventing foreclosure? if so what chapter bankruptcy? If not what other options do I have?

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DrakeLAW

Juris Doctorate

1,064 satisfied customers
What motion to I file in response to a creditors motion to

What motion to I file in response to a creditors motion to remove automatic stay . They lied in their motion, and violated and written agreement, I have that in writing, that is why I had to file bankruptcy in the first place. They caused it.JA: What state are you in? And has anything been officially filed?Customer: ca Northern District of CA ( Oakland)JA: Has anything been filed in civil court? If so, what?Customer: Yes, they filed an exparte motion for relief of stay...I am a tenant, I got behind in rent, they agreed to accept my payments, which they did, and not file a formal judgement, if I paid them, which I did...I in turn agreed to move on Jan 15 . They took my money, and filed the judgement anyway, not I cant find a place to live...that is why I had to file, to buy more time...because they reported the judgement in violation of our written agreement...which they actually provided to the court along with their motion...my response is they caused the issue by violating the agreement...JA: Anything else you want the lawyer to know before I connect you?Customer: no I think thats it.

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DrakeLAW

Juris Doctorate

1,064 satisfied customers
I filed chap 7 last year but fell 3 months behind in

I filed chap 7 last year but fell 3 months behind in mortgage payments. I received a motion for relief from the automatic stay from the mortgage company with a date to appear in feb 2017. Can this motion be withdrawn if I'm able to get current with my mortgage before the court date?JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: New YorkJA: Has anything been filed in civil court? If so, what?Customer: I currently have one pending adversary case with another creditorJA: Anything else you want the lawyer to know before I connect you?Customer: no

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39,070 satisfied customers
I filed bankruptcy in October 2015. I was making my

I filed bankruptcy in October 2015. I was making my post-petition mortgage payment however I have now gotten behind. I am currently 7 months behind and have a court date January 11. What options do I have? The attorney for my mortgage company is asking for "motion for relief from stay." Are they asking for my bankruptcy to be dismissed. Also is it possible for my mortgage to be relieved from the bankruptcy and not my other debts.

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Terry L.

Partner

Doctoral Degree

2,928 satisfied customers
I filed chapter 13 bankruptcy on December 8 and a lender

I filed chapter 13 bankruptcy on December 8 and a lender (title loan) repossessed my car on 12/13. I called them as well as my attorney did to give the case number. My attorney sent a letter to them stating that they have seven days to return the vehicle (12/15). Its now been the seven days and the vehicle has not been returned. My attorney has not returned my calls (maybe due to the holidays). What steps can I take now? I need my car for work, my kids to and from school etc. thank you

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mmdesq

Attorney

Doctoral Degree

1,066 satisfied customers
Does a motion for protective order automatically stay a

Does a motion for protective order automatically stay a deposition in bankruptcy courtJA: What state are you in? And has anything been officially filed?Customer: Colorado. Yes motion for protective order filed Deposition notice Jan 11JA: Has anything been filed or reported?Customer: Not to my knowledgeJA: Anything else you want the lawyer to know before I connect you?Customer: Just it's a bankruptcy in Federal Court, creditor trying to drag debtor 100 miles

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TJ, Esq.

Juris Doctor (JD)

11,622 satisfied customers
The Debtor wants to voluntarily dismiss his chapter 13 case.

The Debtor wants to voluntarily dismiss his chapter 13 case. How soon can he refile after dismissal. he wants to dismiss to work out some tax issues. he thinks the debt will be ameliorated in the process outside the chapter 13 case. he know that such wont occur inside the 13. Anyway, how soon can he file another 13? Thank you in advance for your assistance.

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Terry L.

Partner

Doctoral Degree

2,928 satisfied customers
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