I follow bankruptcy court instruction and judge order
I follow bankruptcy court instruction and judge order everything. All summon and certified mail served by my process server. When filing entry clerk default and judgment default, I served defendant with certified mail by myself on the process server behalf. The bankruptcy knew that. The judge close and dismiss my adversary proceeding that is almost done to get judgment. The debt that defendant ( debtor ) owe me is zero for now,I am so worry. The debt ( judgment ) is about fraudulent transaction. He did not disclosure permit violation plus his fiduciary responsibility. Then caused me have financial ruinI am so worry now.What is the possibility that my case ( debt that defendant owe me ) will become good shape again ??
Application for entry for default received after court had
Application for entry for default received after court had received an answer on a civil summons ( Complaint (contract) Fast Track and set a court date for Jan 2015 on an alleged old credit card debt. On the answer to the court there was a choice to admit, deny OR it said to state you did not have enough information to admit or deny charges (which is what was put under item 3) additional information. If my niece had listed she admitted to the debt or denied it in the other two areas on the form it would not have been correct. Tomorrow she has to respond to their application to the court. It states she failed to plead or otherwise defend in accordance with the law pursuant to Rule 140(b) JCRCP. She has yet to receive any proof that they own the debt or the proof of the balance they are claiming. What is the best thing to put on the responsive pleasing with the court? Debt is $3200.00 per plaintiff but she shows $1700on her last statement. Had stopped paying debt due to job loss due to CA which the plaintiff is currently aware off as it was listed in the three request for proof of ownership of debt and balance sheet. Thank youThank you
I returned my leased vehicle before the end of the lease because
I returned my leased vehicle before the end of the lease because I could no longer afford it. I received a summons for breach of contract for $40k on May 1st giving 20 days to respond. I did not respond.
On June 5th I received a letter of default for failure to serve a pleading from the court.
On June 30th there was a hearing for plaintiff's motion for entry of final default judgment.
What happens next?
I have no assets. Would I have any type of notification or warning signs if they were to go after my bank account or wages?
Can a debtor in a chapter 11 file a lawsuit against a
Can a debtor in a chapter 11 file a lawsuit against a creditor or any party for that matter, without permission from the creditor committee and other parties of the estate (like a trustee)?What happens if the debtor files said lawsuit against a party and the lawsuit is frivolous....does the estate become liable for the frivolous lawsuit?
If a patent attorney files for chapter 11, is it ok for a
If a patent attorney files for chapter 11, is it ok for a creditor to file a complaint with the USPTO 'Office of enrollment and discipline' based on the unethical conduct of the patent attorney?Would a bar complaint or something filed with the OED be considered a violation of the automatic stay?
I need an explanation of the Homestead Exemption and how it
I need an explanation of the Homestead Exemption and how it works during a Chapter 7 filing.In Louisiana, there is a $35,000 homestead exemption on the primary residence. Let's say that I have a home with an expected sales price of $535,000 and the mortgage and equity loan total is $475,000, then the equity would be $60,000 (not including the broker sales fee and seller closing costs). If in a Chap 7 proceeding, the Trustee elects to sell the house and the proceeds do equal $60K, do I get a $35,000 payment for the equity homestead exemption which I would keep and could not be used to repay creditors?If I would not get the $35,000 payment, what is the purpose behind the homestead exemption? In a similar example, if the house sells for $535K and the mortgage and home equity loan total $500K, then the gross equity would be $35,000. Would that then mean that the Trustee cannot sell the house? But theoretically, if the equity would be any greater than $35K, the Trustee could sell the house and I would get nothing?