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I am under chapter 13.Ibjust got served with a lawsuit for

I am under chapter 13.Ibjust got served with a lawsuit for breach of non compete.Should I reapond to the complaint?

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Roger

Litigation Attorney

Doctoral Degree

34,634 satisfied customers
Can a creditor (who has pending litigation against the

Can a creditor (who has pending litigation against the debtor outside of bankruptcy court) who becomes part of a unsecured creditor committee use evidence in the non-bankruptcy case that becomes available during the development of the bankruptcy case?For example, if a debtor admitted under oath already in previous/pending non-bankruptcy lawsuit that he had no personal checking accounts but the creditor finds out in bankruptcy proceedings that there are in fact personal checking accounts....can that information be used in the non-bankruptcy lawsuit?

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NYCLAWYER

Attorney

Juris Doctor.

40,248 satisfied customers
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. Themain defendant's lawyer put in the lawsuit under count 2 "fraudulent misrepresentation".That allegation is not true which my attorney will be able to prove.My question is if we file chapter 13 now during the case, which my attorney said everything stops with him defending me. So does that mean if the person who is suing me gets a "fraudulent misrepresentation" claim against me (cause I am no longer there to defend myself due to not being able to afford a defense) am I protected under the bankruptcy now?I've been told two different answers and I need to know which is correct1. Been told yes I would still be liable for the judgment whether I finish fighting or not since it falls under the "fraudulent misrepresentation" category in a bankruptcy. I'm stuck with it.2. As long as I file now before the case is over the bankruptcy "would" protect me. If I already had the "fraudulent misrepresentation" judgment against me before I filed bankruptcy then NO I wouldn't be protected. So file now for bankruptcy to protect yourself.Which is legally correct?

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Texas Atty

Juris Doctor

37,238 satisfied customers
I recently submitted my ch. 13 but i got a letter in the

hello. i recently submitted my ch. 13 but i got a letter in the mail from trustee saying that a review of my ch. 13 petition and plan indicates that the information you provided is not sufficient. no other details, but he sent me a Questionnaire about my bankruptcy petition preparer (a yes/no kind of questionnaire about services they provided).1. why wasn't anything written about why it isn't confirmed?2. is questionnaire sent back to the trustee all that is needed?3. do i need to submit my taxes and pay stubs together with the forms? because i thought that i was something i do once the trustee asked for it AFTER i submitted my documents.

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Terry L.

Partner

Doctoral Degree

2,934 satisfied customers
In ohio what is the statutory of limitations on collection

In ohio what is the statutory of limitations on collection on a non discharged debt from a trustee in Bankruptcy court

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

114,352 satisfied customers
I had a state court summary judgment dismissal regarding a

I had a state court summary judgment dismissal regarding a case where the plaintiffs were deceptive and did not name me personally in the litigation so they could still pursue me and my asset during and after a bankruptcy discharge. They only named my LLC and my wife who is a half partner. They had no other claims against the LLC and my wife, it was just a sham to keep coming after me without naming me personally. The plaintiffs foreclosed on an unrelated property so even if I did not have a bankruptcy discharge they were satisfied. The judge said the following in his summary judgment decision" Plaintiffs failure to obtain a deficiency judgment in its foreclosure proceeding against the subject property resulted in the mortgage debt being deemed fully satisfied by the foreclosure sale. Therefore the guaranty given by ( ME) was also satisfied, eviscerating plaintiffs claims here, this action must be dismissed by the foreclosure sale".with this language isn't this a confirmation that the plaintiffs litigation was IN FACT against (ME) as well? and that being the case is this solid proof of a bankruptcy discharge violation? the plaintiffs always said that they were NOT pursuing (ME) personally so they could keep the state court litigation open. The plaintiffs and judge knew the bankruptcy rule that if they were pursuing an asset of mine they were pursuing me. I am trying to prove their bankruptcy discharge violation, based on this limited information does this pretty much prove that?

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DrakeLAW

Juris Doctorate

1,084 satisfied customers
I live in Illinois, and just mailed in my last chapter 13

I live in Illinois, and just mailed in my last chapter 13 payment. I checked my case status online and it says "active-open", "elgible for audit". What does elgible for audit mean? Note: I have always made my payments on time.

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39,110 satisfied customers
If a debtor has a law firm representing them, and the law

If a debtor has a law firm representing them, and the law firm files motions/reply briefs in bankruptcy court on behalf of the debtor which are misrepresentations.....can a creditor (who filed a motion) go after sanctions against the debtor's lawyers if it can be proven that the debtor's lawyer is not investigating facts and financial information that is clearly in the possession of the debtor???

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NYCLAWYER

Attorney

Juris Doctor.

40,248 satisfied customers
A mortgage on my commercial loan has matured, the bank won't

A mortgage on my commercial loan has matured, the bank won't refinance it and is threatening to foreclose, its difficult if not impossible to obtain refinancing due to civil litigation resulting in my chapter 7persoanl bankruptcy. The unique quandary is that the adversary plaintiff had obtained a fraudulent preliminary injunction for six years preventing any refinance or sale that would allow me to payoff the matured mortgage. I just had that six-year frivilose lawsuit dismissed on summary judgment, but the implications from it have caused substantial credit issues preventing refinance.During all the chaos and adversity I always stayed current with my mortgage. Can I file restructuring bankruptcy and ask the court to extend my loan, preventing foreclosure? if so what chapter bankruptcy? If not what other options do I have?

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DrakeLAW

Juris Doctorate

1,084 satisfied customers
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