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Recent Automatic Stay questions
I have filed a Chapter 13 and obtain a judgment approving
HiI have filed a Chapter 13 and obtain a judgment approving the plan. One of my creditors had sued me in the county court of Miami Dade. My bankruptcy lawyer filed a suggestion of bankruptcy in that court without representing me for other purpose. However I just checked and it shows that the case went on. A final judgment has not been issued yet. However the second trial hearing took place after the filing of the suggestion of bankruptcy I didn't participate as I believe that the action should be stayed.My question is : does the Judge have the power to continue the case even though my chapter 13 should stay Automatically all proceedings?My bankruptcy lawyer is on vacation and I would like a second opinion meanwhile.Thank you.
Ray The bogus creditor's counsel filed their motion to
RayThe bogus creditor's counsel filed their motion to substitute plaintiff due to bogus merger without leave of court and nine years after they filed their complaint in trial court and during the automatic stay (Chapter 13). If they amend their complaint over objections doesn't this supersede their original complaint making their partial summary and summary judgment voidable? The Bankruptcy Court dismissed Chapter 13 for filing document deficiency and later order on motion for relief from dismissal order was granted. Can a creditor proceed to file pleadings in trial court if the bankruptcy is dismissed and a week later motion for relief from dismissal order is granted? The case wasn't closed for more than three months after multiple pleadings were filed in trial court.
I have been trying to find a lawyer to represent me/my
Hi, I have been trying to find a lawyer to represent me/my grandmother, she is currently in a nursing home and my mother was served court papers from my grandmothers social worker to gain guardianship of her. in the complaint it states that the POA's are being removed due to them (Myself and my mother) not making appropriate financial decisions for my grandmother. her money is not being spent towards her care or being spent on her. and that they can never get ahold of her POA's for healthcare decisions. this was filed on May 17th, on May 4th her bankruptcy was discharged, and the only paperwork I received from the nursing home during that time was on 03/31/2016 stating her balance was 0.00.tomorrow is the court date and I was wondering what can be done if anything and what to expect during this hearing
When it states you have been commanded to appear by filing a
When it states you have been commanded to appear by filing a written answer by 10am on the Monday next after the expiration of 20 days after the service date is it just flat 20 days or is it business days? I was served on 6/7 and by looking at the calendar I think it should be 6/27, but when I look the case up on the courts website it says Served: 6/7/2016 and under that it says Response Due: 7/4/2016. Help
Chapter 7 Bankruptcy, foreclosure question: Does a
Chapter 7 Bankruptcy, foreclosure question:Does a "stay" exist on a secured property forever? If the Creditor dismisses w/o prej a foreclosure suit against Debtor, is the stay automatically removed?What notice does the debtor need to get if creditor wants to modify automatic stay? Can debtor face issue at hearing?If actual date of discharge was 1/2009, yet Creditor claims date of 3/2009...what advantage to Creditor for falsefying date?
My mother that has severe demetia and falls constantly has
Hello, my mother that has severe demetia and falls constantly has been in a long term nursing home for nearly a yr. When I the daughter (I have medical power of atty) placed her in there, I thought they would be collecting her social security until the medicaid was approved here in Texas. I moved in to there home with my ailing father to care for him and I am disabled. I have been trying to get her approved by medicaid and filled out 2 seperate times all the medicaid papers to get her approved. They have only 5,000 in their banking account and that money too has to pay the home ins and taxes prescriptions for dad and his dr. bills. But,a month and half ago the business admin for the nursing home,came into my mothers room and said we need 4000 by the end of this week or we are evicting your mother. I had no idea they were not collecting her social security all this time and awaiting pending medicaid decision and so I paid it. And now the administrator of the nursing home called me at home 3 weeks ago and said they were giving me a 30 day notice of eviction at the end of this month june and wanted me to sign the discharge for the end of this month and I said Im not signing anything. And they said failure to get medicaid approved and its still in pending. And this last Dec the business person said I will try to help you and get this approved. I gladly took the help. And she didnt tell me she quit trying. The medicaid said my parents had 2800 dollars over the amount because of my dads 16 yr old pickup he wasnt even driving. So the signed it over to my brother the title and as a gift and recieved no money from it. So, now I am awaiting pending of the medicaid. So, how can I stop this eviction by the 30th of this month? My mother is so agitated by this and worrying what will happen to her. And can another nursing home accept her while medicaid is pending and take her social sec as payment? Please help me with this. I dont know what to do. Thank you Linda Sellers
I am currently a bit underwater with debt (about 40K) but
I am currently a bit underwater with debt (about 40K) but anticipate a fairly large sum of money this coming January (30k) I am earning enough to pay current bills but not enough to slow the onslaught from creditors......it was suggested to me that I might file a chapter 13 to keep the creditors at bay and then drop the filing (not sure if that is the correct term) when I do get this sum in..............I have 2 large creditors totaling 35 of the 40K..one has already served me the other probably about to....neither (third party collectors) would work with me..............so does filing as a delaying tactic make any sense at all??
I helped my ex boyfriend get a 2014 Chevy Silverado, I needView more legal questions
I helped my ex boyfriend get a 2014 Chevy Silverado, I need my name taken off the title since I am the primary and he is paying the payments and his name is ***** ***** title too.JA: The Traffic Lawyer will need to help you with this. Have you consulted a lawyer yet?Customer: no... I was hoping to go to the DMV and get it changed.JA: Please tell me everything you can about this issue so the Traffic Lawyer can help you best. OK. The Traffic Lawyer will need to help you with this. Is there anything else the Traffic Lawyer should be aware of?Customer: No, the payments are in good standing, he wants the truck and I already have a Cadillac and don't need to payments and I can't stand the guy anymore and would rather not hear from him :)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 Traffic Lawyer about your situation and then connect you two.