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What happens if a debtor files a chapter 13 petition and

What happens if a debtor files a chapter 13 petition and includes only two executory contracts on the schedules. Then, the debtor moves to convert to chapter 11 and files an amended set of schedules but does not add any additional executory contracts to the new schedules.Is the debtor prohibited from adding/assuming any new executory contracts?

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DrakeLAW

Juris Doctorate

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Can a debtor in possession file a lawsuit (outside of

Can a debtor in possession file a lawsuit (outside of bankruptcy court) related to an agreement/contract for which they did not assume (or list) as an executory contract in their bankruptcy schedules?

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DrakeLAW

Juris Doctorate

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I was pulled into a federal lawsuit as a third party

I was pulled into a federal lawsuit as a third party defendant over copyright image issue. I need to file for BK as I can't afford to defend myself anymore and have some questions about this process and how to handle it.

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Ely

Counselor at Law

Juris Doctor

69,554 satisfied customers
My company has a pending lawsuit in federal court (on

My company has a pending lawsuit in Virginia federal court (on automatic stay at present) for fraud against a debtor who filed for bankruptcy in Maryland the day before our Virginia trial was supposed to start.We (as a creditor) filed a motion to lift the stay in the Maryland bankruptcy court which is going to be heard very soon. We were recently told that the unsecured creditor committee is going to want to have our Virginia case litigated/moved in bankruptcy court or the Maryland district court because they are concerned about the cost of the trial (but the trial was already set to go the very next day in Virginia).If our case does get moved from Virginia district court to Maryland, do we pick up right were we left off? Meaning, would we get ready for trial in Maryland or would we have to start our entire case against the debtor over again in Maryland??

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DrakeLAW

Juris Doctorate

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Im being sued for a personal guarantee on a business

Im being sued for a personal guarantee on a business equipment that I returned. The amount is for the remeinder of the lease agreement.

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NYCLAWYER

Attorney

Juris Doctor.

42,952 satisfied customers
I am under chapter 13.Ibjust got served with a lawsuit for

I am under chapter 13.Ibjust got served with a lawsuit for breach of non compete.Should I reapond to the complaint?

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Roger

Litigation Attorney

Doctoral Degree

35,038 satisfied customers
I have 3 cars, one recently purchased that I had planned on

I have 3 cars, one recently purchased that I had planned on doing reaffirm on to continue payments, 2006 Chrysler Pacifica and I was shocked to find that Nada values it for only 500 dollars I don't understand that lol but anyway would it be best to do a reaffirm and continue payments or to try to that other thing to pay based on value? The second car belongs to my husband he still owes on the car but the car dealer is no longer their we drive pass them and it's still a car lot but a different name. So how would we go about listing that car on the bankruptcy and he doesn't want to pay the back owed amount. The third car is paid for so going using the motor vehicle exception for that one.

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Terry L.

Partner

Doctoral Degree

3,002 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

1,420 satisfied customers
Not really bankrupcy but i have received a garnishment

hiJA: Hello. How can we help?Customer: not really bankrupcy but i have received a garnishment judgement from statefarm ins co, which to my understanding may due to a car loan default and reposession of the vehicleJA: What state are you in? And has anything been officially filed?Customer: im in californiaJA: Has anything been filed in civil court? If so, what?Customer: yes it has i was notified today through my workJA: Anything else you want the lawyer to know before I connect you?Customer: seems like they are asking for the full price near 30k due which i dont agree with

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Terry L.

Partner

Doctoral Degree

3,002 satisfied customers
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