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Im a law clerk at a government agency looking into

Im a law clerk at a government agency looking into bankruptcy issues. Years ago we filed a Proof of Claim on a company that had filed ch 11. The BK has since been terminated (in 2015), not sure what that means since the case was terminated rather than discharged. Do we have a claim here? How would we collect? Or what happened to the debt owed to our office?

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DrakeLAW

Juris Doctorate

544 satisfied customers
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.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

46,322 satisfied customers
I am married,and I want to file Bankrupcy ch7 by myself. I

Hi,I am married,and I want to file Bankrupcy ch7 by myself.I have a joint checking account,with my husband.Will they Bankrupcy trustee ask for the joiny bank account statements?

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LawGuy

Juris Doctor

36,306 satisfied customers
Looking at my options to file ! : No. I was just doing

Looking at my options to file for bankruptcy!JA: The Bankruptcy Lawyer will need to help you with this. Have you consulted a lawyer yet?Customer: No. I was just doing research on it firstJA: Please tell me everything you can about this issue so the Bankruptcy Lawyer can help you best. Please give me a bit more information, so we can help you best.Customer: I have over 19,000 dollars in credit card debt, student loans, personal loans, I recently bought a house with my ex and I am no longer living there so I go a place I could not afford and started paying bills and using my credit cards for help, now I am struggling paying it back and falling behind on rent and car psymentsJA: OK. The Bankruptcy Lawyer will need to help you with this. Is there anything else important you think the Bankruptcy Lawyer should know?Customer: Like?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 Bankruptcy Lawyer about your situation and then connect you two.

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5,184 satisfied customers
If a corporation is going to file 11 are they obligated to

If a corporation is going to file for Chapter 11 are they obligated to inform vendor or contractor that they are planning on filing Chapter 11. Or can they continue to work contractors and purchase materials from vendors knowing they are going to file yet still putting there vendors and contractors further into debit?

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5,184 satisfied customers
Only please, again, hopefully, you are having a good Sunday!

For Barrister, only please,Hi again, hopefully, you are having a good Sunday! We wanted to get your advice one more time on the issue with the attorney in Houston for AMEX. We did speak with them, and they offered a "Temporary Payment Plan" which includes a confirmation letter of same, and a document for the "Agreed Judgement" as you explained to us. The payment plan is for 6 months at 350.00 per month, and at that time, the letter reads as follows: "American Express will reassess your financial situation after six (6) months to see if you have the ability to pay larger payments or pay the account in full". The balance claimed is $39,512.77 which includes the court fees. Okay, here is our question: By signing this agreement, does this preclude AMEX from ever settling for a smaller amount? As mentioned in our previous conversation, they offered a settlement that expired January 22, 2016 for $23,400.00. The payments were almost 1000.00 per month for 24 months. Of course we could not afford those payments. (FYI, when we mentioned this "settlement offer" from AMEX to the assistant at Degrasse & Rolnick, the attorneys for AMEX), she seemed surprised that we received the settlement offer). As mentioned to you previously, we need to get to another state to prepare for a complete move back. We have been renting there. We thought that by agreeing to this arrangement at this time, it would allow us 6 months before having to either declare BK, or figure out a way to repay the debt. We did submit a hardship letter to the assistant to the attorney, as requested by her, stating our situation. The letter stated that we do not own a home, as it was damaged beyond repair in a hurricane in 2008, nor any savings or retirement plan, and that our auto is 8 years old. She did say that she did not yet submit the hardship letter to AMEX. We find this interesting as she requested the letter in order to present to AMEX??? At any rate, does signing this letter with the stated amount of $39, 512.77 preclude us from ever settling for less??? Sorry for this lengthy epistle!! Thanks!

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

46,322 satisfied customers
I have the following question:Facts: (1) My corporation

I have the following question:Facts:(1) My corporation filed a voluntary Chapter-11 in December of 2012(2) My late father's estate (obviously a related party) was an unsecured creditor(3) The deadline to file a claim in this case would have been sometime in early 2013(4) As it turns out, the estate DID NOT file a proof of claimQuestion:Since the estate did not file a proof of claim by the 2013 deadline, can the estate deem their unsecured debt as an uncollectible debt in 2013? The estate had taxable income in 2013, and needs the bad debt write-off.

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Roger

Litigation Attorney

Doctoral Degree

33,432 satisfied customers
Years ago i received an 11,000.00 fine which the idph

years ago i received an 11,000.00 fine which the idph purposely sent to an old address and I never got a day in court. The fine was for my old corporation that has since dissolved. Also I filed bankruptcy on the amount as well. What law says I do not have to pay or am not responsible for paying it now?

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DrakeLAW

Juris Doctorate

544 satisfied customers
So I recently found out I'm a guarantor on our biggest

So I recently found out I'm a guarantor on our biggest company debt, which is a leasing account for our trucks. So in other words it wouldn't matter if we filed bankruptcy I would still be a guarantor and be responsible for paying that debt I guess. My question is if I sold all my shares and was no longer a partner in the company could they legally keep me on as a guarantor on this account they would continue to use to lease trucks for the company? How do I get my name off of this account as a guarantor? The original reason this was even necessary is because when we first started the company the company had no credit of course.

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5,184 satisfied customers
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