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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

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If a debtor first files a chapter 13 schedule which does not

If a debtor first files a chapter 13 schedule which does not list (15) patent license agreements they are a party to as part of their requirement to list all contracts/executory contracts they have....can that same debtor convert to a chapter 11 and then benefit from not having to reject or assumethose same executory contracts they intentionally did not list in their chapter 13 filing??My company is a creditor in a bankruptcy and the above is currently going on right now where the debtor has a host of executory contracts that we can prove exist but he didn't list any of them in his chapter 13 final schedule. He recently converted to a chapter 11 and I understand that there is no obligation in a Ch 11 to list these types of contracts.Did he automatically 'reject' all of the contracts that he didn't list when he submitted his final schedule for his initial Ch. 13 filing? Or does he now have the opportunity to pretend like he didn't commit bankruptcy fraud with his conversion to Ch. 11??

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DrakeLAW

Juris Doctorate

1,064 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

2,928 satisfied customers
I may be over searching but it appears the process for

I may be over searching but it appears the process for filing a letter of administration is a tedious process. Are we protected by filing the document with the court where by we can file the chapter 13 to save our home or do we have to wait for a final judgment. My intentions is to file this coming Friday for the admin letter and schedule an appointment for the following week to begin the CH 13

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DrakeLAW

Juris Doctorate

1,064 satisfied customers
Can you file a chapter 13 on your home if you are not on the

Can you file a chapter 13 on your home if you are not on the loan or the deed and your spouse is deceased.

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DrakeLAW

Juris Doctorate

1,064 satisfied customers
If someone has filed a chapter 13 bankruptcy and then later

If someone has filed a chapter 13 bankruptcy and then later converts it to a chapter 11....how can a person (who was originally left off of the creditor list by the debtor) get onto the list of creditors?? The chapter 11 doesn't have a trustee at this point so who should be contacted???

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DrakeLAW

Juris Doctorate

1,064 satisfied customers
For DrakeLAW****, To recap - 1) I am 11 months into a

ForCustomer***Hi, Rich,To recap -1) I am 11 months into a Chapter 13 bankruptcy. My plan has been confirmed and an order on the Trustee's Motion to Allow Claims has been issued.2) My schedules include pre-petition debts owed to my condominium association. For a portion of the debt, the association obtained money judgments (one in 2013 and one in 2014). That portion totals approx. $19,500 and I scheduled it as secured debt. The remaining portion of the debt is approximately $10,500 and the association had neither obtained a money judgment nor recorded a memorandum of lien for the debt at the time I filed bankruptcy. Therefore, I scheduled it as 'unsecured' debt. The association has not submitted proofs of claim for the secured or unsecured debt.3) In our prior conversation on the subject, you raised concern as to whether the unsecured debt would somehow attach to the prior debt for which they obtained judgments. I am still unclear on this as I don't think we reached a conclusion. I will attach some documents that hopefully will help to reach a conclusion.4) I found language in the condo docs that indicates that a new purchaser of a unit is 'jointly and severally liable with the selling unit owner' for all unpaid assessments up to the time of sale. In the context of my bankruptcy, I wonder if this means that anyone who purchases my condo could still be pursued by the association for payment of the unsecured portion of the debt (even if it is discharged for me personally)? As for the legal technicalities for something like this - I believe it would be too late for the association to record a memorandum of lien for the debt (b/c Va code requires that such lien be filed within 90 days of the first assessment becoming overdue).....but could they still pursue a new owner for a money judgment? (This of course will affect the marketability of my unit you see!).

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DrakeLAW

Juris Doctorate

1,064 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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39,070 satisfied customers
Is it more advantageous to have your case dismissed

Is it more advantageous to have your case dismissed voluntarily or to have it dismissed for failure to make plan payments? Thank you in advance for your assistance.

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Terry L.

Partner

Doctoral Degree

2,928 satisfied customers
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