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Recent Automatic Stay questions

Bankruptcy question. • An unlawful Detainer action is

Bankruptcy question.• An unlawful Detainer action is currently in play.• One of the Defendants in the eviction was in a bankruptcy before the filing of the UD. Took place.• The Bankruptcy has just closed.1.) QUESTION: Even though the BK has now expired the Defendant can still bring a motion inthe UD court to dismiss the UD case base on the fact that it was filed during the time that the Defendant was in a BK. CORRECT?2.) ALSO even if Plaintiff was not advised of the BK, the UD would still need to be dismissed? CORRECT?

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TJ, Esq.

Juris Doctor (JD)

10,642 satisfied customers
Just had a positive consultation/meeting with attorney about

Just had a positive consultation/meeting with attorney about Chp.11 for business. However, its going to be very expensive,but I need it. Most attorney's want it all up front (30K), but I am up against an immediate time frame to file. I am thinking about filing it myself to secure the automatic stay, and then hire the attorney shortly thereafter once I have all the money....What do you think?

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Maverick

Doctoral Degree

6,368 satisfied customers
Can I withdraw my CHAP 7 filing and preserve ability to

Can I withdraw my CHAP 7 filing and preserve ability to refile if needed? It was filed JULY 28 in WESTERN WA district of US Court.

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Maverick

Doctoral Degree

6,368 satisfied customers
I am being forced to file a chapter 13 due to my husband's

I am being forced to file a chapter 13 due to my husband's falsify entering into a chapter 13 which stayedin the bk court for 8 months without him making 1 payment toward our mortgages or anything else he never intended to pay. Will me filing put a stay on the divorce, I didn't want a divorce to begin with now I still don't want one. With me filing for a chapter 13 can I know stop the divorce proceedings like he did as well.?

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Maverick

Doctoral Degree

6,368 satisfied customers
I am in chapter 7. IRs said we owed taxes from 2008 to 2012.

I am in chapter 7. IRs said we owed taxes from 2008 to 2012. Those are listed in our bankruptcy. We do not owe for 2013,14,,15 and all returns are in. In the meantime they sent a garnishment to our pay master(retired military ) and garnished anyway $1900. They referred us to a tax advocate name and number so they can give money back k. Should I file a motion w court saying it was seized improperly and it is to be returned or believe the advocate will do their job?

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37,844 satisfied customers
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

17,990 satisfied customers
A person, CH, is in Chp. 13,, bankruptcy. CH has a judgement

A person, CH, is in Chp. 13,, bankruptcy. CH has a judgement against her in a county civil court from a bank. That first started in 2010. Case was reopened in 2015, and judgement was for the plaintiff for $49,000 in June 2016.In April 2016, CH filed a new amended Chp. 13 plan which was confirmed May 2016. The Bank was a creditor and still gets certificates of notice. However the bank is not listed in CH amended plan as either a secured or unsecured claim. Is this allowed?? Does CH have to inform trustee of this new judgement of June 2016 for $49,000.

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DrakeLAW

Juris Doctorate

544 satisfied customers
Im a law clerk at a government agency looking into

Im a law clerk at a government agency looking into bankruptcy issues. Years ago we filed a Proof of Claim on a company that had filed ch 11. The BK has since been terminated (in 2015), not sure what that means since the case was terminated rather than discharged. Do we have a claim here? How would we collect? Or what happened to the debt owed to our office?

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DrakeLAW

Juris Doctorate

544 satisfied customers
Here is the timeline of events: 1) April 15, 2016 - Filed

Here is the timeline of events:1) April 15, 2016 - Filed Chapter 7 Bankruptcy in the District of Alaska2) May 30, 2016 (with 60 days of filing) I filed Official Form 427 expressing that my residential lease would not be assumed (we decided to reject the lease and seek more affordable housing).June 11, 2016 - Notified Landlord that we have completely moved out (Please note that rent was paid in full up to July 1, 2016) so we thought we were doing the right thing by leaving early once we knew we would no longer be able to afford the apartment.We are 100% sure that the landlord received our notification.The landlord just sent me a collection notice and notice of a pending late fee if I do not pay July-September rent. He also included the following statement "Bankruptcy will not protect you from your early termination of our Rental Agreement nor for any damages to the property (there were none). Once damages have been assessed, they will be forwarded to you for immediate payment. Until then, rent is due per our agreement and both rent and late fees will keep accruing through the end of September when your lease ends. If you decide not to pay and not to abide by or agreement, you will also be responsible for any attorney and collection fees. Choose wisely."

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TJ, Esq.

Juris Doctor (JD)

10,642 satisfied customers
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