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Recent bankruptcy law questions
I'm currently in an open Chapter 7, and my car was totaled
I'm currently in an open Chapter 7, and my car was totaled (not my fault) The settlement from at fault party isn't even enough to pay off the car loan, thankfully I have gap insurance. Even though the auto loan is taken care of, I am now without means of transportation and cannot get financing. Can I go after the at fault party for a larger settlement in order to buy a new car?JA: What state are you in? And has anything been officially filed?Customer: South Carolina. I've signed power of attorney to USAA (at fault's insurance) in regards ***** ***** car but I rescinded the release of my car from the auto shop to USAAJA: Have you talked to a lawyer yet?Customer: no not yetJA: Anything else you think the lawyer should know?Customer: not that I know of. The car was exempted from the bankruptcy caseJA: 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.
We filed Bankruptcy on Dec 15 2015.We listed Sunset Canyon
We filed Bankruptcy on Dec 15 2015.We listed Sunset Canyon Vet on the partition (to lawyer)Lawyer missed adding it to official partition to courtWe had it officially added the last day of before our dismissal 3/15/2016We were to be in court on 3/9/2016We did not go thinking that this was taken care of in the BR.On 3/08/2016 (one day earlier) we were given a default judgement which we had 21 days to respond to( by 3/30/2016)The court (for Sunset) received the amended partition on 3/28/2016.The amended date was 3/15/2016The court clerk says we still have the judgement anyway. Do we?
TJ I am the debtor in an adversary proceeding. The trial
Hi TJI am the debtor in an adversary proceeding.The trial is scheduled in a few weeks and my attorney dropped me two weeks ago.Other lawyers have said that he mishandled the case badly and so he did not want to go to the trial. So now I am alone. The new lawyers want forty thousand dollars to prepare for a trial.Noe the judge sent me an order to appear.Another lawyer said to get off the grid.I not know what he is talking about. I'm a student at a nearby college.What is the worse that can happen if I don't go to trial?I don't understand legalese at all.Thank you.
This question is in regards ***** ***** chapter 13 case that is
This question is in regards ***** ***** chapter 13 case that is almost due for discharge (one month away). Debtor has a primary mortgage and a HELOC. Primary mortgage payment was part of the plan and is current. HELOC is NOT current and after discharge, there will be a foreclosure filed on her house due to the HELOC default. Debtor is looking for advice on the best strategy.Debtor has a parcel of land that she can sell after the discharge that would pay off the HELOC in full, but simply needs some time for the sale to go through (maybe a couple of months, post discharge). What strategies can be employed here?My thoughts -- please let me know if any of these work, AND please provide your suggestions:(a) Try to negotiate with the creditor? Can the bk department be contacted to see if we can work something out? How likely is this?(b) Maybe file some type of motion that would delay the discharge 30 days Rule 4004(c)(2) -- is this a possibility?(c) Anything else?Thanks for your help.
A Canadian person got a default judgement against them issued
A Canadian person got a default judgement against them issued in California about 7 years ago, but the court case was held when the person was already in bankruptcy, and the bankruptcy was in Canada obviously, I believe US federal court also recognizes foreign bankruptcies, and the whole case was suppose have been stayed as per USA law. Therefore is there any way to nullify, stay or retract this judgement?
I need to know how to write a Motion of Reconsideration in
I need to know how to write a Motion of Reconsideration in my Chapter 13 bankruptcy case. I have an agreed order from the creditors attorney that I signed but the attorney failed to file the AO with the court. The judge then entered a default judgementfor the creditor and my car could be taken at any moment.
I filed BK chapter 7 June 29th which a few weeks agoView more bankruptcy law questions
Hello, I filed BK chapter 7 June 29th which a few weeks ago has been discharged. One of the people I listed is a former employer who is suing me. According to my lawyer her claim is completely without merit- which really is neither here nor there. Thejudgement she was seeking was for 76k. Again she was a part of my personal BK (she is going after my corporation as well which has been dissolved and has not assets or bank account) My questions is this-- her claim against me was discharged however today Ireceived from her half whit lawyer a claim for a default judgement against me for 94,918.28-- the original demand judgment was 76,586.26-- can she increase the amount she was seeking from me (again which was discharged) and arbitrarily add on "additional interestand costs"? There is another facet to this situation which is that I received a judgment from the Dept of Labor for 21k-- 9/29 and her complaint with for 94k was field 10/1. Can she out of no where add on this penalty and interest and can she get anythingfrom me since she was included in my personal BK? Help. Thanks