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Recent Automatic Stay questions

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

2,910 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

1,044 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)

11,474 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

2,910 satisfied customers
I have a serious question if you filed chapter 13 and you

I have a serious question if you filed chapter 13 and you were paying the arrears can they come and repo the vehicleJA: What state are you in? And has anything been officially filed?Customer: IndianaJA: Has anything been filed or reported?Customer: No the attorney didn't say anything he said ask for stay to be lifted for non payment but they were taking the moneyJA: Anything else you want the solicitor to know before I connect you?Customer: It's a semi truck my sole source of income

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Phillips Esq.

Attorney

Juris Doctor

20,268 satisfied customers
February 21, 2014 before we filed our Chapter 7 April 21,

February 21, 2014 before we filed our Chapter 7 April 21, 2014. EMC Mortgage Corporation former subsidiary of JP Morgan Chase Bank, was listed as creditor and fraudulent interested party. We received confirmation our bankruptcy plan October 14, 2016 in our chapter 13 filed April 29, 2016 but on November 10, 2016 the attorney claiming to represent EMC Mortgage LLC filed their Praecipe for Sale and an appearance violating the bankruptcy plan injunction. We were not served the pleadings and we only learned about the filing by accident in the CSR online at mycase.in.gov. I went to the courthouse and I tried to get a copy of the praecipe for sale. I got the run-around, multiple clerks were unable to locate the pleading. I filed notices to both (bias) Indiana Court of Appeals and (bias) Marion County Superior Court about the confirmation of the bankruptcy plan. Also I informed the trial court that Chase Rep. stated they would contact these rouge attorneys within 24 hours to cease and desist November 23, 2016 because we had already received a foreclosure prevention action as of January 8, 2015 from Chase, chase stated they could not validate the debt. Chase has repeatedly stated we didn't own them anything or have to do anything to receive the modification. It appears the rouge attorneys are desperately trying to steal and sale our home without the Note, Mortgage, Trust Deed, and 2 missing mortgage release, without a hearing for Summary Judgment using fraudulent documents over and over again, sent from Black Knight Financial Services out of Irving, TX, formerly (LPS) infamous Lenders Processing Service of 60 minutes and YouTube fame, ***** ***** robo-signature, ignoring the wishes of Chase and proceeding with litigation.Question: Should I file something in Bankruptcy Court that the creditors are violating the injunction after the bankruptcy plan was confirmed? What type of pleading should I file?

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Phillips Esq.

Attorney

Juris Doctor

20,268 satisfied customers
In los Angeles California. Chapter 13. I filed a voluntary

In los Angeles California.Chapter 13.I filed a voluntary dismissal and Judge just entered it today.Please see attached.What does the part number mean to me?Based on debtor's request, IT IS ORDERED THAT:(1) debtor's bankruptcy case is dismissed; and(2) the court retains jurisdiction on all issues arising under 11 U.S.C. §§ 110, 329 and 362.

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DrakeLAW

Juris Doctorate

952 satisfied customers
I FILED FOR BK IN 8/2012. I RECEIVED MY DISHARGE 4/28/2013.

I FILED FOR BK IN 8/2012 . I RECEIVED MY DISHARGE 4/28/2013. It was revoked on 6/2015 after an adversarial hearing. Now the judgment creditor is going back all the way to original file date of 8/2012. I don't think that is right since they never applied for stay relief. I need cases to present to the civil court judge on this to fight this. Please advise.

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DrakeLAW

Juris Doctorate

952 satisfied customers
I had someone sign a promissory note for over 40k. I know

I had someone sign a promissory note for over 40k. I know they are going to file Chapter 7 in the state of California. Can I sue them before they file? If so and I get a judgement against them before they file, will I be able to garnish their wages and/or their assets?How do the courts decide who gets paid first? First to receive judgements?

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Roger

Litigation Attorney

Doctoral Degree

34,260 satisfied customers
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