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Recent Automatic Stay 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 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

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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

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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)

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I filed chapter 7 and on June 16 had my meeting of

I filed chapter 7 and on June 16 had my meeting of creditors. I have a car that is not running that I am surrendering. Do i have to wait until the discharge or can I call them now to get them to come and get it?

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Terry L.

Partner

Doctoral Degree

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Chapter 13 bankruptcy, I have 10% title interest in each of

HelloFor a chapter 13 bankruptcy, I have 10% title interest in each of 3 single family homes. I am not on any of the loans just only my mother is. To calculate if I am not over the chapter 13's 1.1 million dollars rule for assets , do I add up my interests in all of the properties or do I add up the loan amounts on each property of which I am not on? Thanks

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I filed chapter 7 bankruptcy 2 years ago this June. It was

I filed chapter 7 bankruptcy 2 years ago this June. It was discharged in December 2014. I still have the vehicle in my drive way. When does it become my property.JA: OK. The Lawyer will need to help you with this.Customer: thank youJA: Have you talked to a lawyer yet?Customer: noJA: Anything else you think the lawyer should know?Customer: simple chapter 7, no objections from creditors. this was florida by the way.JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.

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Roger

Litigation Attorney

Doctoral Degree

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I filed a case in small claims court in May only to be

I filed a case in small claims court in May only to be notified by a lawyer that my debtor had filed for Chapter 13 bankruptcy last December. I am not listed as a creditor so was never notified of his bankruptcy filing. Can I go ahead with my case in small claims court against him or do I have to drop my case as warned by his lawyer.JA: Because laws vary from place to place, what state is this in? And can you tell me what's been officially filed?Customer: Northern Illinois. My debtor filed for bankruptcy on 12/29/15. AJA: Huh?Customer: A bankruptcy plan was filed 3/23/16.JA: Have you consulted a lawyer yet?Customer: If I am not listed as a creditor in his bankruptcy case can I go forward with my small claims law suit?JA: Is there anything else important you think the Bankruptcy Lawyer should know?Customer: My case is due to be heard on June 21.JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Bankruptcy Lawyer about your situation and then connect you two.

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Roger

Litigation Attorney

Doctoral Degree

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33,180 satisfied customers
Looking at my options to file ! : No. I was just doing

Looking at my options to file for bankruptcy!JA: The Bankruptcy Lawyer will need to help you with this. Have you consulted a lawyer yet?Customer: No. I was just doing research on it firstJA: Please tell me everything you can about this issue so the Bankruptcy Lawyer can help you best. Please give me a bit more information, so we can help you best.Customer: I have over 19,000 dollars in credit card debt, student loans, personal loans, I recently bought a house with my ex and I am no longer living there so I go a place I could not afford and started paying bills and using my credit cards for help, now I am struggling paying it back and falling behind on rent and car psymentsJA: OK. The Bankruptcy Lawyer will need to help you with this. Is there anything else important you think the Bankruptcy Lawyer should know?Customer: Like?JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Bankruptcy Lawyer about your situation and then connect you two.

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