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I recently submitted my ch. 13 but i got a letter in the

hello. i recently submitted my ch. 13 but i got a letter in the mail from trustee saying that a review of my ch. 13 petition and plan indicates that the information you provided is not sufficient. no other details, but he sent me a Questionnaire about my bankruptcy petition preparer (a yes/no kind of questionnaire about services they provided).1. why wasn't anything written about why it isn't confirmed?2. is questionnaire sent back to the trustee all that is needed?3. do i need to submit my taxes and pay stubs together with the forms? because i thought that i was something i do once the trustee asked for it AFTER i submitted my documents.

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Terry L.

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For DrakeLAW****, To recap - 1) I am 11 months into a

ForCustomer***Hi, Rich,To recap -1) I am 11 months into a Chapter 13 bankruptcy. My plan has been confirmed and an order on the Trustee's Motion to Allow Claims has been issued.2) My schedules include pre-petition debts owed to my condominium association. For a portion of the debt, the association obtained money judgments (one in 2013 and one in 2014). That portion totals approx. $19,500 and I scheduled it as secured debt. The remaining portion of the debt is approximately $10,500 and the association had neither obtained a money judgment nor recorded a memorandum of lien for the debt at the time I filed bankruptcy. Therefore, I scheduled it as 'unsecured' debt. The association has not submitted proofs of claim for the secured or unsecured debt.3) In our prior conversation on the subject, you raised concern as to whether the unsecured debt would somehow attach to the prior debt for which they obtained judgments. I am still unclear on this as I don't think we reached a conclusion. I will attach some documents that hopefully will help to reach a conclusion.4) I found language in the condo docs that indicates that a new purchaser of a unit is 'jointly and severally liable with the selling unit owner' for all unpaid assessments up to the time of sale. In the context of my bankruptcy, I wonder if this means that anyone who purchases my condo could still be pursued by the association for payment of the unsecured portion of the debt (even if it is discharged for me personally)? As for the legal technicalities for something like this - I believe it would be too late for the association to record a memorandum of lien for the debt (b/c Va code requires that such lien be filed within 90 days of the first assessment becoming overdue).....but could they still pursue a new owner for a money judgment? (This of course will affect the marketability of my unit you see!).

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DrakeLAW

Juris Doctorate

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I received a notice of bankruptcy from my ex husband. I am

I received a notice of bankruptcy from my ex husband. I am named as a creditor who has unsecured claims. It is domestic support obligation. Do I have to fill out the proof of claims form? If so what documents should I attach. They have it listed as $0 for the total claim but he still owes me money

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legalg

Juris Doctorate

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For DrakeLAW **** This question is about an unsecured claim

For DrakeLAW ****This question is about an unsecured claim within my current Ch. 13 bankruptcy.I am in arrears to my condominium association for approximately $13,000 in unsecured debt (it's unsecured because they had neither obtained a judgment lien nor filed a statutory lien at the time I filed bankruptcy).I properly notified the association of the initial bankruptcy filing and all subsequent filings. However, they did not file a proof of claim for the debt. The bar date for claims has already passed and the Trustee's Motion to Allow Claims has been entered as an order.I understand that this means the association will not be paid on the unsecured debt from my plan payments. Will the debt be discharged? Or will they still be entitled to collect upon completion of the bankruptcy?

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DrakeLAW

Juris Doctorate

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We just got this from one company, they have an opened

We just got this from one company, they have an opened invoice of about $17,000.00 what should we do?Choxi.com, Inc. - Debtor's Motion Pursuant to Sections 105(A), 332 and 363 of the Bankruptcy Code [Docket No. 11], Declaration of Tracy L. Klestadt [Docket No. 12] and Order to ShowCauseScheduling Hearing on Shortened Notice [Docket No. 14]On December 5, 2016, the Debtor filed a voluntary petition for Choxi.com, Inc. (the “Debtor”) in the United States Bankruptcy Court for the Southern District of New York (Case No. 16-13131) seeking relief under the provisions of Chapter 11 of the United States Bankruptcy Code.Rust Consulting/Omni Bankruptcy is providing you with a copy of the attached document(s):Debtor's Motion Pursuant to Sections 105(a), 332 and 363 of the Bankruptcy Code and Bankruptcy Rules 2002 and 6004 (A) for an Order (i) Approving License Agreement with Stalking Horse Bidder on an Interim Basis, (ii) Scheduling Bid Procedures Hearing and (iii) Directing the Appointment of a Consumer Privacy Ombudsman, (B) for an Order (i) Approving Bid Protections, (ii) Approving Bid Procedures, (iii) Scheduling an Auction and Final Hearing and (iv) Approving the Form and Manner of Notice Thereof and (C) for an Order Approving License Agreement on a Final Basis or Sale to Successful Bidder Free and Clear of all Liens, Claims and Encumbrances [Docket No. 11]· Declaration of Tracy L. Klestadt Pursuant to Local Bankruptcy Rule 9077-1 in Support of Order to Show Cause Scheduling Hearing on Shortened Notice [Docket No. 12]Order to Show Cause Scheduling Hearing on Shortened Notice on the Debtor's Motion Pursuant to Sections 105(a), 332 and 363 of the Bankruptcy Code and Bankruptcy Rules 2002 and 6004 (A) for an Order (i) Approving License Agreement with Stalking Horse Bidder on an Interim Basis, (ii) Scheduling Bid Procedures Hearing and (iii) Directing the Appointment of a Consumer Privacy Ombudsman, (B) for an Order (i) Approving Bid Protections, (ii) Approving Bid Procedures, (iii) Scheduling an Auction and Final Hearing and (iv) Approving the Form and Manner of Notice Thereof and (C) for an Order Approving License Agreement on a Final Basis or Sale to Successful Bidder Free and Clear of all Liens, Claims and Encumbrances [Docket No. 14]

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DrakeLAW

Juris Doctorate

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I have some questions about selling my home during my

I have some questions about selling my home during my Chapter 13 case.I'm a pro se chapter 13 filer with a confirmed plan. I am considering selling my residence and I want to estimate the costs of withdrawing from the Ch. 13 and selling on my own vs. putting in a motion to sell the property and selling it during the chapter 13 case.Most of the debt to be paid through my plan is secured. First, there is my mortgage company (with arrears specified to be paid through my plan - the mortgage company properly filed their proof of claim). Then there are 2 liens from my condo association attached to the property (the association did NOT file a proof of claim by the deadline for these). Finally, there is a lien from American Express attached to the property (American Express filed proof of claim properly).. If I obtain approval to sell during my Ch. 13 case, how are disbursements to those creditors handled? Does the trustee pay them and get his % commission on those payments? Is he also commissioned on payments made to the real estate/legal professionals approved to be paid from the sale?As far as debt included within my plan that is not attached to my property, there is a $2300 crammed down title loan (the title loan company was noticed but *did not* file a proof of claim) and a $775 claim from a credit card company (they filed proof of claim properly). Will the trustee only pay the credit card company from the sale proceeds (as the title loan co. did not file proof of claim)?Finally, can you give me an estimated amount of time it might take for the trustee to disburse the excess funds from the sale to me? There is plenty of equity in the home to pay all of my creditors (secured and unsecured....though some have not filed proofs of claim).

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Terry L.

Partner

Doctoral Degree

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If my wife and I have a "joint savings and checking" could

If my wife and I have a "joint savings and checking" could the person getting the judgment against just me touch that money since the accounts in both names? Or would I have to give up half? How's that work in the state of TN?Also what about vehicles in both names?I'm being sued currently by a corporation for violation of confidentiality agreement. They are looking to take my assets

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legalg

Juris Doctorate

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BUSINESS BANKRUPTCY ATTORNEY ONLY: Can debts in an LLC

BUSINESS BANKRUPTCY ATTORNEY ONLY: Can debts in an LLC partnership filing taxes as a Sub-S be discharged in a Chapter 7? If one of the two equal partners withdraws a large sum of money to pay his own separately owned company without authorization of the other partner and this potentially renders the LLC insolvent and unable to pay its payroll taxes and other third-party obligations, forcing the other partner to put the LLC into Ch 7, could the Trustee discharge that debt AND seek to recover it due to the partner who made the withdrawal preferring his own separate company over other creditors and is this likely? Lastly, can IRS force an Involuntary Ch 7 for unpaid payroll taxes?

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DrakeLAW

Juris Doctorate

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Does it matter which chapter of the BK code is used when

Does it matter which chapter of the BK code is used when assessing the statute of limitations issue?

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Ely

Counselor at Law

Juris Doctor

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