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

Recent Bankruptcy Rules questions

In a Chapter 11 bankruptcy, does this document (text below)

In a Chapter 11 bankruptcy, does this document (text below) mean the "Bank of Big" is giving up all claim to the note and the collateral, and making Shaky Financial the beneficiary, no matter what happens in the bankruptcy?United States Bankruptcy CourtCentral District of CaliforniaCase No. 1:16-bk-12345-WBChapter 11In re: Debtor(s) (including Name and Address)John Doe*****Levitown, PANOTICE OF TRANSFER OF CLAIM OTHER THAN FOR SECURITYThe Claim No(s). listed below was/were filed or deemed filed under 11 U.S.C. § 1111(a) in this case by the alleged transferor. As evidence of the transfer of that claim, the transferee filed a Transfer of Claim Other than for Security in the clerk's office of this court on 05/02/2016.Name and Address of Alleged Transferor(s):Claim No. 2:The Bank of Big, Trustee,c/o Subservicer, Inc.,P.O. Box 555, Dallas, TexasName and Address of Transferee:ShakyFinancial LLCPO Box 999Rapid City, SD-- DEADLINE TO OBJECT TO TRANSFER --The alleged transferor(s) of the claim is hereby notified that objections must be filed with the court within twenty-one (21) days of the mailing of this notice. If no objection is timely received by the court, the transferee will be substituted as the original claimant without further order of the court.Date: 05/05/16 Janet J. JonesCLERK OF THE COURT

Read more

Maverick

Doctoral Degree

6,796 satisfied customers
I have another question. I'm a Pro Se Ch. 13 filer.

Hi! I have another question. I'm a Pro Se Ch. 13 filer. According to the calculations on form 122C-1: 1) disposable income is not determined undr 11 U.S.C. 1325(b)(3) and 2) the commitment period is 3 years.I have already submitted one 3 year plan but am in the process of modifying it. Are there any prohibitions on my proposing - and getting the court to confirm - a 5 year plan if I so choose?

Read more

Mark

Attorney

Doctoral Degree

476 satisfied customers
I filed a civil action in FL county court (not small claims)

I filed a civil action in FL county court (not small claims) on 9/10/15; and found out afterward the party I was suing filed Ch-13 a few weeks before (8/13/15). After being served with my summons, he amended the schedules of his Ch-13 creditor lists to include me (9/20/15), but by the time all this happened, the first meeting of the creditors had already occurred, and the deadline to object to confirmation had also passed. Confirmation Hearing is scheduled for 11/12/15. Proofs of Claim due by 12/15/2015.QUESTION:Under Federal Bankruptcy Law, for Ch-13, what is a late entering pro se creditor required to do to make an appearance and proffer a proof of claim and then pursue a motion for relief of stay to pursue the county case, or is it too late to get involved?

Read more

Roger

Litigation Attorney

Doctoral Degree

33,582 satisfied customers
I am in a Chapter 13. Can I be sued in Civil Court? If I receive

I am in a Chapter 13. Can I be sued in Civil Court? If I receive a Summons, how do I notify the Civil and or BK Court

Read more

Roger

Litigation Attorney

Doctoral Degree

33,582 satisfied customers
"Is chapter 13 trustee entitled to any money if I cash out

"Is chapter 13 trustee entitled to any money if I cash out my 401k. The account was claimed as exempt with no timely objections filed. I no longer work with the company the account was started with, so borrowing is not an option. I have about $24,000 inthe account, What are my options?

Read more

Roger

Litigation Attorney

Doctoral Degree

33,582 satisfied customers
HiI am a beginner bankruptcy attorney.I have this situation.

HiI am a beginner bankruptcy attorney.I have this situation. In a Chapter 7 I want to reaffirm a mortgage on an investment property which equity excluding exemption is approximately $10,000. Trustee wants to sell the house. Client is current on mortgage payments. Client reaffirmation does not present a burden.My questions is, what happens with the mortgage payment during the process of selling the property? Do clients need to pay it or stop payments? I am 90% sure that trustee will eventually abandoned the property.How it affects income and expenses schedules were mortgage payment was included as expense?Any help will be appreciated.

Read more

WALLSTREETESQ

Attorney

Doctoral Degree

18,058 satisfied customers
I am trying to find out whether there is any rule that limits

I am trying to find out whether there is any rule that limits how far back they can request documents in a 2004 exam. They are asking for 10 years of documents. They are relevant to the creditor's claims, but it is going to be burdensome. That seems like my only defense. Is there a rule or statute that limits how far back they can go?

Read more

Roger

Litigation Attorney

Doctoral Degree

33,582 satisfied customers
I have a hearing on my Debtors Motion to Amend or make additional

I have a hearing on my Debtors Motion to Amend or make additional findings of fact pursuant to rule 7052, 9014 and 7062 of the F.R.Bank.P. I plan to appeal to the District Court. My question is can I also file with the Notice of Appeal a motion for stay of the enforcement the Order until appeal has been heard? And can I also continue to use the cash collateral opposed to the Chapter 7 trustee in order to manage the estate? A bankruptcy court principal responsibility is to secure the benefits of creditors best possible bid and I am better situated to do that in a more efficient and effective and expeditious manner then the trust. Is their bankruptcy ruling and law for this. 2nd Circuit would be great

Read more

Maverick

Doctoral Degree

6,796 satisfied customers
CA. BK question; Bank foreclosed on the home owner who was

CA. BK question; Bank foreclosed on the home owner who was in bankruptcy and has 100% confirmation/proof the bank was served notice of such. Then after the sale wherein the property went back to the bank. The home owner served a NON filed motion that sheis about to file with the bk court with a cover letter to the banks lawyer asking if they want to rescind the sale thus resolving the matter. This letter she sent STOP the eviction they had started BUT it also caused the Bank to files a motion for relief (MFR)from stay Requesting to make to WHOLE THING RETROACTIVE TELLING THE COURT THEY HAD NO KNOWLEDGE OF THE BK thus getting them off the hook. The home owner timely files a opposition to their motion pointing out the real facts with copies of the fax transmittals,phone bills and loge of each person that was talked to who confirmed getting the BK notice, all showing they were served before the sale. . The MFR hearing was set for the 21the BUT before the hearing took place the court dismissed the case on 10-17-14 dueto the fact that the debtor failed to go to her 341 meeting. Thus there was no case hearing on the 21st. End of case BUT the bank has just now served the owner with copy of what they filed on filed in the BK court on 10-23-14 = :NOTICE OF LODGMENT OF ORDERIN BANKRUPTCY CASE” . stating: “ PLEASE TAKE NOTICE THAT THE ORDER TITLED ORDER GRANTING MOTION FOR RELIEL FROM THE AUTOMATIC STAY UNDER 11USC (REAL PROPERTY) WAS LODGED ON 10-23-14 AND IS ATTACHED. THIS ORDER RELATES TO THE MOTION WHICH IS DOCKET NUMBER 17.”. The debtor had no knowledge of any hearing on 10-23-14 and in looking on pacer there is nothing on the docket sheet showing any notice of a hear or a hearing on the 23rd. What should the debtor do now?

Read more

Terry L.

Partner

Doctoral Degree

2,868 satisfied customers
View more bankruptcy law questions
In The News