Join the 9 million people who found a smarter way to get Expert help

Recent Automatic Stay questions

I was pulled into a federal lawsuit as a third party

I was pulled into a federal lawsuit as a third party defendant over copyright image issue. I need to file for BK as I can't afford to defend myself anymore and have some questions about this process and how to handle it.

Read more

Ely

Counselor at Law

Juris Doctor

69,140 satisfied customers
December 2013 I filed Chapter 13 bankruptcy. In Richmond,

December 2013 I filed Chapter 13 bankruptcy. In Richmond, VA. My original attorney left and passed away shortly after my Chapter 13 was filed. Another attorney took over my case, whom I met with briefly and I've only had a few communications with him during my entire Chapter 13. February 15th 2017 nearly 4 years later after making all my payments to the trustee on time and never late, the attorney calls me to tell me I have not been making mortgage payments for the duration of my bankruptcy. My understanding was that my mortgage was being paid in my payment to the Trustee since I've received my annual statement from Wells Fargo showing interest paid every year during my bankruptcy so I could file my taxes. He then tells me that a lot of people make that mistake. That's good to know, but why wasn't I told that nearly 4 years ago. I have 10 months left in my Chapter 13 payments and now I find that my family is going to be homeless. Wells Fargo is selling my home in 60 days because they filed for Motion to Relief on March 31st 2017 and it was granted. I was not informed by my attorney that I was supposed to make separate payments to Wells Fargo along with payments to the trustee and NO ONE informed me during the entire bankruptcy that payments were missed. I'm left on my own to work with Wells Fargo to save my home, but they simply state that my attorney should have informed me. Why did Wells Fargo wait 4 years to file a Motion for Relief, why didn't the attorney say anything to me about this in almost 4 years?I am the layperson, this was my first bankruptcy and I am not familiar with the process outside of what is explained to me by counsel. I hired an attorney so I could have peace of mind knowing that I am taken care of and everything is done correctly. Now I am in dire straits and about to lose my family home. I want to keep my home, I am fighting to keep my home. I want is to stay in my home. My family is facing homelessness because no one took the time to reach out to me and educate me on the process and let time pass until nothing could be done. Can anyone help me?

Read more

Phillips Esq.

Attorney

Juris Doctor

21,756 satisfied customers
A lender has filed a UCC lien on me/my business. I

A lender has filed a UCC lien on me/my business.I understand they can get the kitchen sink if they want, but what happens if I file CH13 ?

Read more

Terry L.

Partner

Doctoral Degree

2,986 satisfied customers
If someone files bankruptcy and owes me $400 dollar on a

If someone files bankruptcy and owes me $400 dollar on a loan, and I have possession of a piece of their furniture, can I sell or keep the piece of furniture as full payment of their debt to me?

Read more

LawGuy

Juris Doctor

43,682 satisfied customers
If a debtor files an adversary complaint against a creditor

If a debtor files an adversary complaint against a creditor in a chapter 11, where the complaint contains intentional misrepresentations (such as libel and defamation), can the creditor file counterclaims and press for sanctions and attorneys fees in the same adversary proceeding as part of a response? or does the automatic stay somehow restrict how a creditor might be able to respond in a situation like this.

Read more

DrakeLAW

Juris Doctorate

1,276 satisfied customers
What happens if a debtor files an adversary complaint along

What happens if a debtor files an adversary complaint along with an emergency motion, but there is no summons served on a party (who is not a creditor) of the bankruptcy case?Does a summons need to be issued before a complaint is filed and/or answered to?

Read more

TJ, Esq.

Juris Doctor (JD)

11,854 satisfied customers
My company has a pending lawsuit in federal court (on

My company has a pending lawsuit in Virginia federal court (on automatic stay at present) for fraud against a debtor who filed for bankruptcy in Maryland the day before our Virginia trial was supposed to start.We (as a creditor) filed a motion to lift the stay in the Maryland bankruptcy court which is going to be heard very soon. We were recently told that the unsecured creditor committee is going to want to have our Virginia case litigated/moved in bankruptcy court or the Maryland district court because they are concerned about the cost of the trial (but the trial was already set to go the very next day in Virginia).If our case does get moved from Virginia district court to Maryland, do we pick up right were we left off? Meaning, would we get ready for trial in Maryland or would we have to start our entire case against the debtor over again in Maryland??

Read more

DrakeLAW

Juris Doctorate

1,276 satisfied customers
If a patent attorney files for chapter 11, is it ok for a

If a patent attorney files for chapter 11, is it ok for a creditor to file a complaint with the USPTO 'Office of enrollment and discipline' based on the unethical conduct of the patent attorney?Would a bar complaint or something filed with the OED be considered a violation of the automatic stay?

Read more

NYCLAWYER

Attorney

Juris Doctor.

42,442 satisfied customers
BANKRUPTCY: I have 2 questions 1. Debtor owes the Landlord

BANKRUPTCY: I have 2 questions1. Debtor owes the Landlord $4800 of back rent; and they are still occupying the residence. Landlord has not filed for eviction YET. Can the debtor include the $4800 of back rent in their Chapter 7 bankruptcy?2.Debtor is filing Chapter 7 bankruptcy and has 2 Title Loans on the same vehicle. Can they include the Title Loans in bankruptcy and retain the vehicle? 2003 Honda Odyssey is paid in full; but has 2 title loans against it.My thoughts to both questions is no; but I just want to ensure I understand correctly.

Read more

Phillips Esq.

Attorney

Juris Doctor

21,756 satisfied customers
View more bankruptcy law questions
In The News