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CA. Bankruptcy question man, files a chapter 7 bankruptcy in

CA. Bankruptcy questionman, files a chapter 7 bankruptcy in LAdue to illness, he fails to attend his 341 meeting two times.Case was dismissed.Now that he is well he's filing a BK again.This will be the SECOND BK in a 12 MONTH PERIOD.It's my understanding that the AUTOMATIC STAY PROVISION will in fact be in effect, and able to stop the foreclosure sale on his property. However, the AUTOMATIC STAY IS ONLY GOOD FOR 30 DAYS because it's his second bankruptcy within a 12-month period.Am I correct in my understanding of the automatic stay?Please advise, thank you.

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DrakeLAW

Juris Doctorate

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Filed chapter 13 lost my job. my house is not listed

filed chapter 13 lost my job. my house is not listed bankruptcy. I woe 35,000 on house. I have 401 rollover. what can I do nowJA: What state are you in? And has anything been officially filed?Customer: illinios, files for payment stall for 3 monthsJA: Has anything been filed in civil court? If so, what?Customer: just to exempt payment for 3 months and that is expired. I receive 700 unemploymentJA: Anything else you want the lawyer to know before I connect you?Customer: no

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Roger

Litigation Attorney

Doctoral Degree

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I'm in the state of, I'm getting ready to file a chapter 7

I'm in the state of Virginia, I'm getting ready to file a chapter 7 bankruptcy. The question I had is that I purchased furniture from a furniture store that offered no credit check financing provided through a third party company. I got behind on those payments and funny enough they haven't reached out to me and also I have no idea the name of that company since my payments were automatic until I switched banks. Will I have to give the furniture back (I know I'll have to get their info for the bankruptcy for list of debts matrix)? P.S.- I don't want to make up those missed payments, it's not even worth what I owe.

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Terry L.

Partner

Doctoral Degree

2,934 satisfied customers
I missed my reaffirmation hearing due to I was in the

I missed my reaffirmation hearing due to I was in the hospital having brain surgery, what can I do to fix this so they don't take my carJA: What state are you in? And are you working with a local attorney?Customer: CA and noJA: Has anything been filed in civil court? If so, what?Customer: I just got a letter saying reaffirmation was denied cause I wasn't there. The only thing filed besides that is my actual chapter 7JA: Anything else you want the lawyer to know before I connect you?Customer: I am the cosigner on my sons car and I'm afraid he will lose his car because of this, what can I do to fix this situation and get another reaffirmation hearing

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Phillips Esq.

Attorney

Juris Doctor

20,732 satisfied customers
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

1,084 satisfied customers
State of Wisconsin I am in a CH13. I cannot keep up I am now

State of WisconsinI am in a CH13. I cannot keep up I am now a single dad and my salary will be reduced because I have to step down to a lower position in order to be able to stay home and not travel for my company. Can I change to a CH7 or am I kind of cornered?

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Terry L.

Partner

Doctoral Degree

2,934 satisfied customers
In ohio what is the statutory of limitations on collection

In ohio what is the statutory of limitations on collection on a non discharged debt from a trustee in Bankruptcy court

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

114,352 satisfied customers
I meant $5,442 for Trustee's fee from previous inquiry. So,

I meant $5,442 for Trustee's fee from previous inquiry.So, as you know now I have 2 unsecured creditors. Student loan ($7,381) and a CC ($1,025). And also, yes I have 1 Secured Car (the monthly payment, which I am ON-TIME for every month is $576.47). My mortgage arrears is $54,427.74.Now I am confused because I only factored in my Mortgage Arrears into my Plan, and the Trustee's fee.....My TOTAL MONTHLY TAKE-HOME PAY AFTER TAXES IS $6,350. MY WIFE'S IS $1,000 SO TOTAL MONTHLY INCOME IS $7,350. RIGHT NOW, I HAVE MY TOTAL MONTHLY EXPENSES FROM SCHEDULE J AT $6358.69. I WANT TO DO 5 YEAR PLAN.Please help, sir. You are life-saver.

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DrakeLAW

Juris Doctorate

1,084 satisfied customers
A mortgage on my commercial loan has matured, the bank won't

A mortgage on my commercial loan has matured, the bank won't refinance it and is threatening to foreclose, its difficult if not impossible to obtain refinancing due to civil litigation resulting in my chapter 7persoanl bankruptcy. The unique quandary is that the adversary plaintiff had obtained a fraudulent preliminary injunction for six years preventing any refinance or sale that would allow me to payoff the matured mortgage. I just had that six-year frivilose lawsuit dismissed on summary judgment, but the implications from it have caused substantial credit issues preventing refinance.During all the chaos and adversity I always stayed current with my mortgage. Can I file restructuring bankruptcy and ask the court to extend my loan, preventing foreclosure? if so what chapter bankruptcy? If not what other options do I have?

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DrakeLAW

Juris Doctorate

1,084 satisfied customers
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