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Recent Contract questions
I received your response to one of my previous questions and
I received your response to one of my previous questions and I really liked how you described the different scenarios when reaffirming the vehicle in the bankruptcy process. I wanted to ask you if it was true, if the vehicle is not reaffirmed by the judge, the vehicle payments are not reported to the credit bureaus? Also, usually what is the percentage or ratio does your monthly expenses and car payment have to be in order for the reaffirmation to be approved by the judge? TIA.
Is it possible to see how the court ruled on the issue
Is it possible to see how the court ruled on the issue argued in the Memoradum of Law that you provided involving these same litiagants?http://www.freedom-school.com/money/ultra-vires-banks--on-credit-loans-and-void-contracts.pdf
I have some technical questions regarding a Ch. 13 Modified
I have some technical questions regarding a Ch. 13 Modified Plan that my trustee has an objection to (I am a pro se filer) --Within the Plan in its current form, I have proposed to make adequate protection payments of $30.63/month to TitleMax on a title loan (which I also have made a motion to 'cram down) *until* such time as the trustee begins making those payments out of my plan funds. I proposed these protection payments to ensure that Titlemax does not repossess my vehicle during the time prior to my plan confirmation (i.e., prior to the time the trustee begins paying Titlemax). The trustee objects on the basis that I did not subtract the $30.63/month payments on Schedule J as an expense. Currently, my proposed plan payments are $88/month; subtracting the $30.63/month would make them $57.37/month. I am confused in that I am under the impression that I can stop making the adequate protection payments to TitleMax once my plan is confirmed and my trustee starts paying them....is my understanding correct?...and if it is: If I am to amend Schedule J + my Plan *now* to reflect the current $30.63/month payments to TitleMax....would I then also need to amend Schedule J + my Plan once it is confirmed (as the $30.63 no longer will be an expense after the trustee begins making the payments to TitleMax) ?I have included screenshots of the Trustee's objection as well as the sections of Schedule J and my Modified Plan that are in question.
This is a chapter 13 cram down question. The Debtor has a
This is a chapter 13 cram down question. The Debtor has a loan against a vehicle which was obtained (the loan) less than 910 days ago. However, it is NOT a purchase money security interest, only a secured debt. Can the Debtor cram this down to pay only the collateral value back through the plan? Thank you in advance for your assistance.
Q1. Do I own my home or not? Q2. How much do I owe on it?
Q1. Do I own my home or not? Q2. How much do I owe on it? Details: Mortgaged home in Jan. 2009 to Taylor Bean & Whitaker. More or less a year later TBW declared bankruptcy, and we were advised to make our payments to CENLAR. Then, in 2012 we moved from Calif. to Utah where we rented while at the same time renting our home out in Calif. Then, in 2013 we had to take out BK ch. 7, and declared our intent / desire to retain our home. The BK Court allowed us to do so because at that time the market value of the home was less than the balance owed on the mortgage. Cenlar knew all about this, and continued to take our mortgage payments. In Feb., 2015 they transferred our loan to NationStar and we began making payments to them. My confusion / doubt stems from: ***** 2015, Cenlar reported to Equifax & Transunion that our loan was closed in the ch. 7 BK. This, to me, is a flat out lie. In addition, NationStar refuses to report our unblemished payment history to any of the credit bureaus unless we sign a paper reaffirming the debt. This, to me, is totally unnecessary because the mortgage loan was never a part of the BK. We specifically requested and were granted an exception. Nevertheless, we are now preparing to sell our home in Calif. and (hopefully) buy another in Utah (the home's value has gone up quite a bit since 2013). I do not want anything to go wrong during the discovery phase of escrow, once we get a buyer. Perhaps by some weird loophole in the law or time limit or something we have lost title to the home, and CENLAR / NationStar are simply continuing to take our money, either dishonestly or out of ignorance. I need to know for sure what our legal status / position is. Thanks.
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.
What constitutes a serious injury? I have a on-goingView more bankruptcy law questions
What constitutes a serious injury? I have a on-going unlimited civil lawsuit against an individual who is currently in a Ch 7 Bankruptcy Proceeding, who as our former, perpetrated an unlawful self-help eviction of us by hiring a thug who forcibly entered our apartment wielding a baseball bat, who assaulted, terrorized and forcibly evicted us from our apartment, breaking my arm in the process and causing mental anguish and emotional distress, the dispossession of our home and of all of our personal property. Our action includes 11 Causes of Action, 2 in Contract, 3 in Statute and 6 in Tort. The thug was arrested and ultimately convicted of felony assault. Is our lawsuit dischargeable?