We are a nationwide commercial finance firm based in
We are a nationwide commercial finance firm based in California. We financed a Kenworth truck to a diver-proprietor in Missouri. The truck cost $36,900 and the debtor put $9,225 down so that the amount financed under the Equipment Fince Agreement came to $27,675 plus some upfront fees.The transaction was guaranteed by debtor's spouse and his LLC entity. The debtor and his spouse defaulted after making their second payment in April 2016. In June 2016, they filed Chapter 13 in the Western District of Missouri and we filed a Proof of Claim of $50k representing our remaining receivable balance. Then the debtors filed an Objection to our Claim saying "the claim should instead be allowed as a secured claim in the amount of $26,951 because that represents the amount unpaid on the "total advance" under the contract as of the filing date of the bankruptcy". How can we fight this cram down?Thanks.
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.
This is a chapter 13 plan question...If the debtors purchased
This is a chapter 13 plan question...If the debtors purchased a storage building that is a pmsi, but it was purchased within the last 910 days, can this be crammed down like on a vehicle or does the full amount need to be paid? thank you in advance for your assistance...
I am 2 months into a Chapter 13 bankruptcy (waiting on my
I am 2 months into a Chapter 13 bankruptcy (waiting on my official plan confirmation). Within my plan, I 'crammed down' a vehicle title loan that I obtained from TitleMax of Virginia. I was just reading over the agreement I signed with TitleMax and noticed that my becoming "subject to a bankruptcy proceeding" is defined as an "event of default". The agreement goes on to list TitleMax's remedies in the "event of default". I have been under the impression that as long as adequate protection payments are being made to TitleMax (until such time as my trustee begins distributing payments to them from the plan), then they cannot repossess my vehicle? (I am a Pro Se filer by the way). I have attached a photo of the specific sections of the agreement in question.
I am personally in an active chapter 13 bankruptcy, it will
I am personally in an active chapter 13 bankruptcy, it will be over in a bout a year, it was a 5 year plan. I just realized that one of the claims was my SBA loan for my business. My plan has paid so far towards it $1,622.47. I'm confused on why my plan is paying towards this since it is a business SBA and I was under the understanding that an SBA loan cannot be discharged, much like a student loan. I will let you know that they originally were attached to our home for collateral, but the plan stripped it from my home to be finalized once my plan is closed and paid up. Am I wrong in thinking that an SBA loan cannot be discharged? if not, why is my plan paying monies toward it, ( FYI I too am paying directly to them each month)
This is a Chapter 13 question - median debtors.
Hello:This is a Chapter 13 question for above - median debtors. It is a general question. Specifically, why don't you list amounts for vehicles that you are buying on both Schedule J (lines 17a and 17b) AND on the form 122C-2 (lines 13a and 13b)? I am told that such is "double dipping..." Thank you in advance for your assistance...
I need to get some information. I asked about this awhile
I need to get some information. I asked about this awhile ago but now the situation is real and I need some add'l info. My daughter and son in law recently filed a chapter 13 bankruptcy. I co-signed the auto loan for their car with my daughter several years ago. I was told that he worst that could happen to me was a potential late payment one time while they worked through the filing and the trustee payment set up. They were told by their attorney that this car loan MUST be included in the bankruptcy and paid by the trustee. I want/need to know if this is in fact true because I don't understand - they are allowed to pay their rent outside of the bankruptcy themselves, and they wanted to pay their own car loan as well. According to the Pennsylvania law for chapter 13 bankruptcy is it mandated that a car loan for a car being kept be included this way in the bankruptcy?