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Looking for second opinion I filed chapter 13 met with

looking for second opinion I filed chapter 13 met with trustee on 12th I now understand that my son has paid off ( or is being processed) my home and car which weren't included in the 13 . $359k i still have 150 k that's in the bk.Question What do I legally have to do from here?

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Terry L.

Partner

Doctoral Degree

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We currently have filed a Chapter 13, but if my husband

We currently have filed a Chapter 13, but if my husband becomes unemployed, can we go to our attorney and request it be converted to a Chapter 7 and give up one of the cars we were originally keeping? Also, does his unemployment matter if fired or quits? And do we get to decide which car we can keep or is that determined by the lawyer/court?

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38,838 satisfied customers
A debtor (a rogue patent attorney my company is suing for

A debtor (a rogue patent attorney my company is suing for fraud) filed a 11th hour ch. 13 petition the night before our fraud trial was set to start.He just filed his final schedule with the bankruptcy court and I have lost count of the number of lies and omissions he has on his finalschedule.For example, he cited that he grossed $140K in 2014 but we have bank statements and his deposition testimony from our fraud lawsuit against him where he confirmed that he actually grossed well over $400K (didn't pay any taxes on that money either).Does every lie count as a single fraud act or would all 30+ of his lies/omissions count as a single act....we are trying to get a sense of how serious this bankruptcy fraud situation might be for him.

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TJ, Esq.

Juris Doctor (JD)

11,474 satisfied customers
NOT A DUPLICATE I asked a similar question earlier but am

NOT A DUPLICATEI asked a similar question earlier but am looking for a second opinion.When filing chapter 13 bankruptcy, is a credit card company that has obtained and perfected a judgment lien against the debtor considered a secured creditor? Should the credit card company's claim in this instance be considered secured?

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Phillips Esq.

Attorney

Juris Doctor

20,276 satisfied customers
This question concerns objecting to a creditor's claim

This question concerns objecting to a creditor's claim within my Chapter 13 bankruptcy:American Express obtained a judgment against me for approx. $10,000 a few years ago. It's now recorded in the deed books so a lien has attached to my property. The claim that American Express filed incorrectly lists the debt as 'unsecured'. Does this create a legitimate basis for me to file an objection to ask for the claim to be denied as filed (unsecured)? It is too late for them to file another - secured - claim ... but they still are guaranteed payment from the equity in my property if/when it sells.

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DrakeLAW

Juris Doctorate

952 satisfied customers
Is a loan against a 401K considered a secured loan for

Is a loan against a 401K considered a secured loan for purposes of the means test that allows deductions of creditors listed in Schedule D.

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Terry L.

Partner

Doctoral Degree

2,910 satisfied customers
I am a homeowner with close to $35,000 in credit card debt.

Good morning, I am a homeowner with close to $35,000 in credit card debt. I find myself in a deficit of about $250/mo paying mortgage, household expenses, and credit card payments. Would I be eligible for bankruptcy? Thank you,.

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Terry L.

Partner

Doctoral Degree

2,910 satisfied customers
I'm currently in a Chapter 13 bankruptcy - I filed Pro Se. I

I'm currently in a Chapter 13 bankruptcy - I filed Pro Se. I have a confirmed plan 60 month plan and am 12 months into it.Regarding my Plan:Currently, there is an 'Order Settling Trustee's Objection to Fourth Amended Plan' stating that :"The Fourth Amended Plan shall be confirmed as filed, except that it must pay on account of the allowed unsecured creditors at least $64,593, or a lesser amount equal to one hundred percent (100%) of said claims, *whichever is less* (emphasis in the document is underlined), to satisfy the requirements of 11 U.S.C. 1325 (a)(4). The actual total funding may have to increase to do so, if necessary, when allowed claims are determined."The Trustee recently filed his 'Motion and Notice to Allow Claims'. Today is the expiration of the 21 days allowed for parties in interest to object. No one has objected so far (and I am not expecting anyone to).There is a total of only $11,422.19 in unsecured claims. Is there anything I can do (modify my plan? request another 'order'?) - once the order on the motion to allow those claims is made - to specify that I only need to pay this amount into the plan....rather than the $64,593? Or will I still have to pay that total amount into the plan and then receive a refund (at the end of the 5 years) of whatever excess is paid in?

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Terry L.

Partner

Doctoral Degree

2,910 satisfied customers
Second opinion] if I file chapter 7 bankruptcy will it stop

Second opinion] if I file chapter 7 bankruptcy will it stop a state sales and use tax garnishment? And after filing how long before they can start trying to collect

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TJ, Esq.

Juris Doctor (JD)

11,474 satisfied customers
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