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

Recent Bankruptcy Court questions

Ca. Bankruptcy question on a non-dischargeable fraud action.

Ca. Bankruptcy question on a non-dischargeable fraud action.• Real estate agent gets a listing and sells a property.• Escrow disperse the commission to agent's broker.• Agent's broker does not pay agents her commission.• Agent sues broker, at the trial the judge tells the broker he committed fraud, the court is going to award the $11,000 to the agent further the court will write a letter to the real estate board telling them to revoke his broker's license.• Broker asked the judge not to do that and says he will pay the money on the following Monday in full.• Judge asked agent if she would agree to that, agent agrees.• Judge tells agent and broker to agent back in his courtroom on Monday as he wants to see the payment be made in his courtroom.• The following Monday agent shows up broker does not appear. The judges was livid and enters his judgment for fraud and the 11,000.00 is owed.• Broker files motion with the court wherein he demonstrated to the court that prior to that Monday's appearance he had filed a bankruptcy.• Due to the bankruptcy, the judgment was set aside.• Agent files adversarial fraud complaint with bankruptcy court.• QUESTION: will the bankruptcy court view this situation as fraud or as a dischargeable debt?• Further if the court would view it as fraud is their case study or court law that you can provide.Thank you.

Read more

TJ, Esq.

Juris Doctor (JD)

10,672 satisfied customers
I am in chapter 7. IRs said we owed taxes from 2008 to 2012.

I am in chapter 7. IRs said we owed taxes from 2008 to 2012. Those are listed in our bankruptcy. We do not owe for 2013,14,,15 and all returns are in. In the meantime they sent a garnishment to our pay master(retired military ) and garnished anyway $1900. They referred us to a tax advocate name and number so they can give money back k. Should I file a motion w court saying it was seized improperly and it is to be returned or believe the advocate will do their job?

Read more

37,844 satisfied customers
Re: the property issues. The other co-owner already has a

Re: the property issues. The other co-owner already has a loan against the house. He max out the HELOC. If I file a bankruptcy will they question this? Thanks.

Read more

LawTalk

Attorney at Law

Juris Doctor

32,500 satisfied customers
Can a confessed judgment promissory note that is based on

Can a confessed judgment promissory note that is based on fiduciary defalcation and breach of fiduciary duty or will the bankruptcy court honor the terms of the confessed judgement promissory note (for either chapter 7 or chapter 13)?

Read more

Terry L.

Partner

Doctoral Degree

2,862 satisfied customers
Can a confessed judgment promissory note that is based on

Can a confessed judgment promissory note that is based on fiduciary defalcation and breach of fiduciary duty or will the bankruptcy court honor the terms of the confessed judgement promissory note (for either chapter 7 or chapter 13)?

Read more

mmdesq

Attorney

Doctoral Degree

928 satisfied customers
My wife and I are separated, by mutual decision. We live in

My wife and I are separated, by mutual decision. We live in different states. I am in MI and she is in MS. We jointly own a home in IL which is in foreclosure and need to file bankruptcy. How can we do this and where do we start?Thank you!

Read more

Alex J. Esq.

Managing Attorney

Doctoral Degree

21,874 satisfied customers
Regarding my previous question: Would it be possible to

Regarding my previous question:Would it be possible for me to transfer 100% my property to my husband(or somebody else),and then file BK by myself?Would the property be protected this way from BK 7?Or the Bankruptcy Court would Object to this,as its done only to protect my property equity?

Read more

DrakeLAW

Juris Doctorate

548 satisfied customers
I 't know if I've selected the correct lawyer - My mother

I don't know if I've selected the correct lawyer -My mother called me with a debt collector on the line, my mom hasn't handled any of here of here own finances 2002, she my dad passed, at the time she could of handle her own affairs but ask me to do it - today at 72 yrs old she doesn't has the ability. The last time this happen was in March when old tax bill that I forgot (I also had 3 strokes and on disability as well) from MA went several years with nothing and then a letter with to garnishment from the MA DEPARTMENT OF REVENUE was attached, we are in a repayment plan. I not trying to dodge a bullet. am correct in I state and federal taxes can attached social security & pension ?My mother does get social security and a widows pensions from my father whom worked for GM. She had nothing in the bank, no savings not a dime and live paycheck to paycheck, over the last few years when I got sick and they garnishment my wife she helped us paying for our childrens day care so I could go to physical therapy to learn how to walk and talk again, She doesn't even on a car, she , she lives very modestly about 3 hrs away and on her own (something I am not sure that she will be able to continue to do) she is in poor health and really has nothing. The debt service call was about a judgement in 2010 for $16000 , I'm not quite sure how, I believe it was through 'default' - in the past I have appeared for her and handle these things but I can't remember this one, neithern can she - I have looked at the court records and the debt was filed one in my county not hers (Port St Lucie) it states she was spoken to by phone - I know it doesn't matter that neither of us remember this account or the court hearing because the have a judgement -which there trying to collect on it. Of course I can't settle the judgement because I can't payout a lump sum or have the ability to make a reasonable effort to make a payment arrangement on the judgement, apparently at the time I / we was paying a $100 a month on the debt but I stopped that was all they would tell me, she owns her house she is upside down in, her credit is aweful - while I was on the phone with the debt agency she stated "she has good credit, she owns a house, she has a car ' and trying to tell her this isn't true, but of course they don't want to hear it. The judgement paperwork states speaking with her the phone at the time the hospital for 22 months after a car accident I think that's why no remembers this debt or the account it's attached to, but I do know I can't fight the judgement and even if I couldn't I don't have the money for legal representation. So I have no idea what to say, we have always tried to help each other,my wife and I are racked up to our eyes with our own debt issues and we have just recently had to make several repayment deals because while I'm disabled it is tough for them to attach me (and my mother was disabled before she hit retirement age) but my wife keeps getting garnished and we keep paying because we can't come up with a bulk amount to start a better repayment plan and the cycle keeps going, I just wanted to give you a better scope of what is going on, if I had it's I would give it to her, my mother even gets meals on wheels I would sincerely ***** ***** as I did tell the debt agency collector I would contact her today, can they just 'dig up a judgement ' any time and force collection ? Should I tell them she is paying a state tax lien, the state / gov garnish social security wages ? I have nothing to offer I can't even make a constructive repayment schedule. I would tell her to go to bankruptcy court and file but I am afraid that she won't pass the way and means tests as I have run the numbers and she barely has -$300 a month because of the pension income, the debt agent stated that she must have something must of happened because they don't just reopen these thing for nothing, I was also told there is no statue on judgements, I lost half my collective brain capacity during my illness.Is there any way I can keep this from be publicly posted ?All help would be sincerely appreciated,

Read more

Texas Atty

Juris Doctor

35,360 satisfied customers
Does the filing of a chapter 7 bk in Calif stop a court

does the filing of a chapter 7 bk in Calif stop a court order to appear before the district court to show cause as to why documents were not given to irs?

Read more

DrakeLAW

Juris Doctorate

548 satisfied customers
View more bankruptcy law questions
In The News