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Recent bankruptcy law questions

I filed chapter 7 and on June 16 had my meeting of

I filed chapter 7 and on June 16 had my meeting of creditors. I have a car that is not running that I am surrendering. Do i have to wait until the discharge or can I call them now to get them to come and get it?

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Terry L.

Partner

Doctoral Degree

 
2,832 satisfied customers
My mom's credit card has gone to in-house collections.

My mom's credit card has gone to in-house collections. She has total debt of $23,200 on the card. Before it went to in-house collections, the most I could get them to settle for is 50%. Chase is her only creditor.The NUMBER ONE concern is for my brother. He loaned my mom 35K for house payments, bills and repairs to get the house sold. She paid him back when the house sold t in September 2015. She then stopped making payments to Chase because she did not have the money to do so.1) Is there any time that must go by where my brother' 35k would NOT be considered as part of a bankruptcy? That is, would he have to give any of the 35k to Chase?2) If they sued my mom, could they touch my brother?3) If she decided to declare bankruptcy, would my brother be impacted in a negative way?My brother loaned her $35,000 for house payments and fixing up the house, so she paid him back first. She absolutely does not want my brother to be dragged into any of this, or get screwed if she gets sued.She is on Soc. Sec. and has a small pension from a divorce which I believe are untouchable. $1354 is here monthly income and she now has $18K left from selling the house.1)In bankruptcy would her income be a factor2) In bankruptcy, would the lose the 19K of savings anyway? But she did sell her house back in Sept. of 2015. Would I lose my savings to Chapter 7 regardless?Thanks for any help you can give!!!

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

 
44,720 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

 
308 satisfied customers
In a Chapter 11 bankruptcy, does this document (text below)

In a Chapter 11 bankruptcy, does this document (text below) mean the "Bank of Big" is giving up all claim to the note and the collateral, and making Shaky Financial the beneficiary, no matter what happens in the bankruptcy?United States Bankruptcy CourtCentral District of CaliforniaCase No. 1:16-bk-12345-WBChapter 11In re: Debtor(s) (including Name and Address)John Doe*****Levitown, PANOTICE OF TRANSFER OF CLAIM OTHER THAN FOR SECURITYThe Claim No(s). listed below was/were filed or deemed filed under 11 U.S.C. § 1111(a) in this case by the alleged transferor. As evidence of the transfer of that claim, the transferee filed a Transfer of Claim Other than for Security in the clerk's office of this court on 05/02/2016.Name and Address of Alleged Transferor(s):Claim No. 2:The Bank of Big, Trustee,c/o Subservicer, Inc.,P.O. Box 555, Dallas, TexasName and Address of Transferee:ShakyFinancial LLCPO Box 999Rapid City, SD-- DEADLINE TO OBJECT TO TRANSFER --The alleged transferor(s) of the claim is hereby notified that objections must be filed with the court within twenty-one (21) days of the mailing of this notice. If no objection is timely received by the court, the transferee will be substituted as the original claimant without further order of the court.Date: 05/05/16 Janet J. JonesCLERK OF THE COURT

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Maverick

Doctoral Degree

 
5,210 satisfied customers
I'm currently in an open Chapter 7, and my car was totaled

I'm currently in an open Chapter 7, and my car was totaled (not my fault) The settlement from at fault party isn't even enough to pay off the car loan, thankfully I have gap insurance. Even though the auto loan is taken care of, I am now without means of transportation and cannot get financing. Can I go after the at fault party for a larger settlement in order to buy a new car?JA: What state are you in? And has anything been officially filed?Customer: South Carolina. I've signed power of attorney to USAA (at fault's insurance) in regards ***** ***** car but I rescinded the release of my car from the auto shop to USAAJA: Have you talked to a lawyer yet?Customer: no not yetJA: Anything else you think the lawyer should know?Customer: not that I know of. The car was exempted from the bankruptcy caseJA: 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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Maverick

Doctoral Degree

 
5,210 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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37,524 satisfied customers
I filed chapter 7 bankruptcy 2 years ago this June. It was

I filed chapter 7 bankruptcy 2 years ago this June. It was discharged in December 2014. I still have the vehicle in my drive way. When does it become my property.JA: OK. The Lawyer will need to help you with this.Customer: thank youJA: Have you talked to a lawyer yet?Customer: noJA: Anything else you think the lawyer should know?Customer: simple chapter 7, no objections from creditors. this was florida by the way.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 Lawyer about your situation and then connect you two.

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Roger

Litigation Attorney

Doctoral Degree

 
32,830 satisfied customers
Usually my questions are 1-2 sentences....you need the facts

Usually my questions are 1-2 sentences....you need the facts and last hearing info with my questions to answer (may need to talk plus have timeline of events/action that will describe better if can send you...will help explain these questions.1) How can Plaintiff get a judicial default when based on a Motion that was not even part of this hearing; I didn't even bring my Motion that countered that to the hearing as it wasn't on the list to be discussed.2) When case was dismissed in 12/2013, did Plaintiff need to go back to bankruptcy Court before re-sueing in 5/2015…seems everything I read on Cases that Federal Court and Trustee are in charge3) In the Motion in Court to Preclude Defendant's In Rem…the same issues brought up in this were ones that I refuted in the original response (4/19/15) to the Motion to Strike (4/7/15). Court above at hearing only took note of 4-7 Plaintiff Motion and as stated DID NOT ALLOW DEFENDANT TO BRING UP ANYTHING…minutes not attached by I got 1 minute of 25 minutes. All issues were quickly discarded by Plaintiff and the Judge citing only cases that agree with their side…Judge allowed nothing else. (those cases are very recent in FL…refute case law in 49 other states and federal court…just like the bs with 5 yr statute limitations going on in FL)4) Also…documents that I go after bankruptcy stated among other things that Plaintiff must be valid creditor…my affirmative resp have evidence that in any jury trial they'd hang Plaintiff5) Last, Judge asked Plaintiff if it was cross-noticed (Plaintiff affirmed) (WHAT DOES THIS MEAN…what action would plaintiff need to take to accomplish) when I kept complaining about where this Motion to Preclude Defendant was basically illegal in these proceedings6) Judge thought this might be contested and he should leave for others…interesting comment…WHY7) Other thoughts helpful on how to contest, what to file?

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RONB-ESQ

Juris Doctorate

 
716 satisfied customers
I am in NM I want a bankruptcy atty to walk me through the

I am in NMI want a bankruptcy atty to walk me through the process of deciding if my Sales Tax debts are dis-chargeable. I filed a Chapter 11 in 11/2007 and at the time I had a lot of unfiled and unpaid gross receipts taxes. As part of the Bankruptcy I filed all returns. They were all filed by January 2008. I kept current on all returns and payments going forward.My plan was confirmed in March of 2011.My atty filed a motion to close the Case on May of 2011.I paid something like $ 200,000 to the state of NM over the following 18 months.I filed another Chapter 11 in April of 2014.Question 1.Does the three year rule run from the day the plan was confirmed in March of 2011 or does it run from May of 2011 when the case was closed.Chapter 11 number 2 fell apart, the trustee moved to have it converted to a Chapter 7. I didn't go to creditor's meetings and the Chapter 7 was dismissed in August of 2014.At this point the State of NM is still after me for $ 100,000 in unpaid taxes, which were part of the returns I filed in January 2008. And they are also trying to collect $ 200,000 in penalties and interest.Question 2If I file a new Chapter 11 will I be able to discharge all of the aforementioned debts.Question 3Part of the NM State Constitution says that the State is Forbidden from forgiving debt. Does federal bankruptcy law trump, NM State Constitution.Question 4Any ideas on how to get the state to discharge debt without forcing me to file a chapter 11.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

 
104,218 satisfied customers
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