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Recent Automatic Stay questions

Chapter 11 Bankruptcy. I just had a levy placed on my bank

Chapter 11 Bankruptcy. I just had a levy placed on my bank account. Although the funds have not yet been withdrawn, they are on hold (for now). If I file before the withdrawal, shouldn't those funds be released? If so, how do I notify the bank? is there a certain form?

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LawTalk

Attorney at Law

Juris Doctor

33,122 satisfied customers
Thanks, i currently filing bankruptcy but I have not filed

Thanks, ***** ***** filing bankruptcy but I have not filed in the courts. I have a payday loan company that I was unable to pay back. I told them of my bankruptcy and they continue to request payment. can they do this?JA: What state are you in? And has anything been officially filed?Customer: california and no they have notJA: Has anything been filed or reported?Customer: noJA: Anything else you want the lawyer to know before I connect you?Customer: i just don't have funds due to illness...they want payment today

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Irwin Law

Juris Doctor JD

8,840 satisfied customers
Foreclosure sale went through around 8:30 a.m., a chapter 7

foreclosure sale went through around 8:30 a.m., a chapter 7 was filed by the homeowner that same day, albeit, after the sale, can the homeowner petition the court to not ratify the sale and put the Automatic Stay in effect?JA: Since laws vary from place to place, what state is this in? And has any paperwork been filed?Customer: MarylandJA: Has anything been filed or reported?Customer: yes, a ch. 7 case was filed 3 hours after the sale on the same dayJA: Anything else you want the lawyer to know before I connect you?Customer: no

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

47,238 satisfied customers
I receive a writ of garnishment for a independent contractor

I receive a writ of garnishment for a independent contractor that works for me what should I doJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: MichiganJA: Has anything been filed or reported?Customer: NoJA: Anything else you want the lawyer to know before I connect you?Customer: No

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236 satisfied customers
We were served an unlawful detainer in bankruptcy, the

We were served an unlawful detainer in bankruptcy, the superior court judge was informed by case law and bankruptcy lawyer-and even plaintiff's attorney, that it was in violation of the automatic stay and required dismissal. The federal bankruptcy court overruled the unlawful detainer as a violation, the fed district court also agreed in appeal. we lost our home and damages exceed $100,000.00, can we sue the judge for malpractice and other damages? I fought pro per on this for almost 8 years, and it is now being considered for case law by BAP. We are without what is rightfully ours due to his conduct.

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AttyHeather

Attorney

Juris Doctorate

998 satisfied customers
I am a commercial landlord,i have a 10 yr lease with a

i am a commercial landlord,i have a 10 yr lease with a person/llcless than 1 yr in she tells me today shes going bankrupt and not paying me a dime.there is a confesion of judgement clause but im not sure what any of it means.thec lawyer i had draft it helped her too?can you helpcan you tell me what she is actually obligated to me forare contracts only good for good peopleim sure i would be forced to honor itthanx grace

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Loren

Juris Doctor

37,188 satisfied customers
I filed bankruptcy in late 2014, but after given bad

Hello,I filed bankruptcy in late 2014, but after given bad information by the person assisting with my bankruptcy, I was told to not follow through with it. My case was dismissed in early 2015 and I tried to pay down what I could. I am now still in the same position and was hoping to find out if reopening my case after a dismissal was possible or if I would need to completely re-file adding a 2nd bankruptcy?Thank You,Nicole S

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Ray

Lawyer

Doctoral Degree

35,888 satisfied customers
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.

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Ray

Lawyer

Doctoral Degree

35,888 satisfied customers
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.

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Ray

Lawyer

Doctoral Degree

35,888 satisfied customers
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