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

Recent Chapter 7 questions

Relevant facts: -I am a 'pro se' ch. 13 filer. -My 4th

Relevant facts:-I am a 'pro se' ch. 13 filer.-My 4th amended plan was confirmed by the court very recently.-Also recently, my mortgage lender filed a motion for relief from stay (which I expected as I was in arrears post-petition by 4 months when they filed). The morning of the initial hearing on the matter - held 8/25/16 - I discussed entering a consent order with the mortgage lender's attorney. We communicated this to the judge and he set final hearing for 9/22/2016 (this coming Thursday morning). (At that time, the judge told me that if I could not come to some sort of agreement with my lender then I could present - at the final hearing - whatever evidence I want him to consider for denying their motion to lift the stay).-I have the order in hand (they sent it to me last Thursday and followed up today asking if I agreed with it) but have not signed yet because I have a couple of questions. The 'Order Granting Modification of Stay' stipulates that I am to begin making regular monthly payments starting 10/1/16. Monthly catch-up payments will commence on that date as well (I will have 9 months to cure the arrearage). The source of funds is a gift from my spouse (we are separated currently).- According to nolo.com, "the court is predisposed to continue the bankruptcy protection." Also, "Since property used as collateral must be paid for or returned during bankruptcy, the court will normally lift the stay unless the debtor can bring the payments current or show another good reason to deny the motion (for example, the debtor will use one of the available methods for dealing with secured debts in Chapter 7 bankruptcy, .....*****or the debtor has provided for payment of the debt in a Chapter 13 repayment plan)."Questions:- Is simply modifying my current (confirmed) plan to provide for payment of the post-petition arrears (using the gift funds from my spouse) a viable option for me? Is it really very likely the court would go along with that? I would need to file my modified plan tomorrow if this is a good defense. My total arrears is $5426.48, of which $1676 are attorney's fees.-The lender's initial filing included an exhibit - a tax assessment - that was not actually for my property (it was for another condo in my building) yet represented as such (in other words, they made a mistake). Is this a potentially 'fatal defect'....possibly necessitating re-filing if I bring it up to the judge? (I did mention the defect to the lender's attorney prior to the initial hearing and she replied with "well that's actually good for my client because the tax assessment in the filing is higher than what yours actually is (I had told her mine was less) ...which means they have a smaller equity cushion.....(I understand this but the point is there is an error in the filing).I have a few other questions but would like view your replies to these first.

Read more

Whitney, Esq.

Attorney and Counselor at Law

Juris Doctorate

178 satisfied customers
Just have a question regarding my discharged Bankruptcy. The

Just have a question regarding my discharged Bankruptcy. The attorney who handled my BK is being unresponsive (It's been 6 years so I don't even know if he is practicing any more). Anyway. I filed Chapter 7 in December of 2010 and was successfully discharged in April 2011. Included in the BK was several judgements from Debt I was unable to pay. One of them was for a $1300 debt to US Bank, which they sold to Liberty Acquisitions and it is listed in Section 4. Suits and administrative proceedings, executions, garnishments and attachments. It is also shown in Schedule F. Anyway, I tried to refinance my home several months ago and found out this particular judgement had placed a lien on my home and the title company wanted me to pay it (which was now over $4k). I tried contacting Liberty Acquisitions to work out a settlement, but found Liberty had closed and the debts were transferred to Wakefield and Associates. It took my 6 weeks to even find someone at Wakefield who could find the judgement, but the finally did and were only willing to go down to $3500 which neither my wife or I were willing to agree to. We decided to postpone the refinance until October because my BK attorney (he was responding to me back then) said since it was issued in October 2010, it would go away after 6 years, which is October 2016. Here we are a month away and I checked my credit reports (as I do about every 3 months) and found that Wakefield has now issued a new collection against me for this debt? Can they do this? It was part of the bankruptcy so how can they issue a new collection against it? They also have sent me no documentation. If I hadn't checked my own credit, I would have had no idea. Should I fight this and how do I go about it?

Read more

DrakeLAW

Juris Doctorate

622 satisfied customers
In tn, if a child has filed chapter 7 bankruptcy, and she is

In tn, if a child has filed chapter 7 bankruptcy, and she is an only child of her only child parents, and has power of attourney (and one parent is going into assisted living), she had s credit union not allowing her to utilize her power of attourney, because of a recent chapter 7 with the same credit union. Does the bank have that power, due to cross collaterization, or is the employee misinformed?

Read more

DrakeLAW

Juris Doctorate

622 satisfied customers
When filing for bankruptcy as a business, which is an llc.

When filing for bankruptcy as a business, which is an llc. How does it affect you personally? Credit, assets, etc.

Read more

legalg

Juris Doctorate

13,780 satisfied customers
I've asked before, 3credit cards were opened up

I've asked before, 3credit cards were opened up fraudulently. 1creditor won't speak with me the other 2 want their money. All 3 know these were opened fraudulently. Transunion sent me a letter to fill out and send back. 2 cards show they have gone to collections ... what does this mean to me. I own 2 homes. One is paid for I live in that home. The other is rented out.. can they attach my paycheck or my home. Not sure what my next step is. My son says these are his accounts but no creditor will attach it to him since they have my ss. Chapter 7 sounds extreme. My son is out of work because of an injury. He paid on these accountants until he was hurt and couldn't work. This is how I found out that these accounts were opened. I have 1 credit card with 8500. 1 mortgage and a second on it. I don't have the money to pay the other creditors .

Read more

Whitney, Esq.

Attorney and Counselor at Law

Juris Doctorate

178 satisfied customers
I am currently resident of Florida and reside in an

I am currently resident of Florida and reside in an apartment. Due to job loss several months ago I was late with my rent. I attempted many times to work arrangements out with my property management company however they have filed an eviction. I have recently found a new job and can afford the rent going forward. If I file Chapter 13 am I able to back the rental arrears in the payment plan? if so will that stop the eviction process?

Read more

Roger

Litigation Attorney

Doctoral Degree

33,582 satisfied customers
The State of California FTB is still chasing me for money

The State of California FTB is still chasing me for money they say I owe from 1995 - 21 years ago. I filed bankruptcy twice in CA just to get rid of this and it still chases me. I haven't lived in CA since 2003 and on a couple of occassions and without warning they have taken money from a USAA savngs account. I've avoided having my name on any property and wondering if I did would they put a lien on my property? What if anything can be done to either make the FTB go away or should I even have my name on a piece of property?JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: TXJA: Has anything been filed or reported?Customer: No as I have my name on nothing right now but we are buying a house and were contemplating putting both our names on it until the latest FTB notice arrived a couple of days agoJA: Anything else you want the lawyer to know before I connect you?Customer: no

Read more

Whitney, Esq.

Attorney and Counselor at Law

Juris Doctorate

178 satisfied customers
This is a chapter 7 question...The Debtor is over the median

This is a chapter 7 question...The Debtor is over the median and is giving up his vehicle in his chapter 7 case. However, he is going to have to pay for the fuel and upkeep of a vehicle owned by someone else while he gets back on his feet. Can the Debtor still check 1 vehicle on line 11 of the 122A-2 means test form because he does have operating expenses although he doesn't have ownership expenses? Thank you in advance for your assistance.

Read more

Maverick

Doctoral Degree

6,792 satisfied customers
I am already a member, I am not sure of my password please

I am already a member, I am not sure of my password ***** advisemy email is***@******.*** thank youI am going to file chapt 7 bankruptcy in florida in 2017I believe the most my wife and I can make is 54k per yearmain questionmy wife and I have social security benefits 37k combineddoes this mean that I can only make an additional 16 k approx.to be less than the 54k max amount allowedmy accountant claims my social security benefit as a benefit, not as incomehe puts down 0 of income adjacent to my 37k social benefit on our tax formto be more accurate my wife is on social security disabilityor can I make 53k plus my 37k which is our social security ???this a very important question for me.please ask me any additional questions if needed cell phone is(###) ###-####thank you barry warner

Read more

DrakeLAW

Juris Doctorate

622 satisfied customers
View more bankruptcy law questions
In The News