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Recent bankruptcy law questions

This is a chapter 13 cram down question. The Debtor has a

This is a chapter 13 cram down question. The Debtor has a loan against a vehicle which was obtained (the loan) less than 910 days ago. However, it is NOT a purchase money security interest, only a secured debt. Can the Debtor cram this down to pay only the collateral value back through the plan? Thank you in advance for your assistance.

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Maverick

Doctoral Degree

 
5,262 satisfied customers
Does the trustee have to have judge sign of on any payment

Does the trustee have to have judge sign of on any payment increasesJA: Because laws vary from state to state, could you tell me what state is this in?Customer: FLJA: Have you talked to a lawyer yet?Customer: I told my attny last year that my income was going up but she never responded to my many calls or emails. I only have 6 payments left and i noticed today on the data center that my case status went from active to pending trustee payment v reviewJA: Anything else you think the lawyer should know?Customer: How much can they raise my paymentJA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Bankruptcy Lawyer about your situation and then connect you two.

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37,590 satisfied customers
My ex-husband is in Colorado and is filing chapter 7

My ex-husband is in Colorado and is filing chapter 7 bankruptcy. This is after he filed a chapter 13 bankruptcy 10 years agoHe has his own truck that I am not signed on and the payment is 490 a monthMy ex-husband and I have a vehicle together, he is primary I am co-signer.The vehicle is in my possession and I make the payments.He is claiming chapter 7 bankruptcy in Colorado, I am not.What will happen to the vehicle that is in both our names?Will this affect my credit?What is best to do with the vehicle keep it or get rid of it?If i don't want the vehicle can he include it in the bankruptcy?

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DrakeLAW

Juris Doctorate

 
314 satisfied customers
Chapter 13 bankruptcy, I have 10% title interest in each of

HelloFor a chapter 13 bankruptcy, I have 10% title interest in each of 3 single family homes. I am not on any of the loans just only my mother is. To calculate if I am not over the chapter 13's 1.1 million dollars rule for assets , do I add up my interests in all of the properties or do I add up the loan amounts on each property of which I am not on? Thanks

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37,590 satisfied customers
What are reasonable costs (attorney's fees, court costs,

What are reasonable costs (attorney's fees, court costs, everything except repayment of debts) that one could expect in a Chapter 13 bankruptcy filing? This for a filing of about $50,000 with 8 creditors.

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Texas Atty

Juris Doctor

 
34,042 satisfied customers
I am filing 13 bankruptcy in florida.Can the trustee force

I am filing for chapter 13 bankruptcy in florida.Can the trustee force my previous employer to show me a copy of my noncompete?They refuse to give me a copy.Is the non compete enforcable?I have not worked or breached it.Its been 8 months I have not worked.

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5,064 satisfied customers
We are a commercial finance company licensed in California.

We are a commercial finance company licensed in California. On June 10 we properly repossessed a truck from a defaulted proprietor/debtor in Georgia. A few days later the debtor's attorney contacted us to demand the truck back. He attached a Chapter 13 bankruptcy filing dated May 16 which did had not received for some reason even though our address was listed correctly. Must we release the truck back to the debtor? If so, is there an official process for this (paperwork, forms)? Can we recover our repo expenses from the debtor? thanks.

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Ely

Counselor at Law

Juris Doctor

 
62,182 satisfied customers
Can I sell my home during Chapter 13 bankruptcy and use the

Can I sell my home during Chapter 13 bankruptcy and use the money for something other than a home

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Dimitry Esquire

Attorney at Law

Doctoral Degree

 
46,548 satisfied customers
I filed a case in small claims court in May only to be

I filed a case in small claims court in May only to be notified by a lawyer that my debtor had filed for Chapter 13 bankruptcy last December. I am not listed as a creditor so was never notified of his bankruptcy filing. Can I go ahead with my case in small claims court against him or do I have to drop my case as warned by his lawyer.JA: Because laws vary from place to place, what state is this in? And can you tell me what's been officially filed?Customer: Northern Illinois. My debtor filed for bankruptcy on 12/29/15. AJA: Huh?Customer: A bankruptcy plan was filed 3/23/16.JA: Have you consulted a lawyer yet?Customer: If I am not listed as a creditor in his bankruptcy case can I go forward with my small claims law suit?JA: Is there anything else important you think the Bankruptcy Lawyer should know?Customer: My case is due to be heard on June 21.JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Bankruptcy Lawyer about your situation and then connect you two.

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Roger

Litigation Attorney

Doctoral Degree

 
32,864 satisfied customers
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