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Recent Entry of Default questions
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 confessed judgment promissory note that is based on
Can a confessed judgment promissory note that is based on fiduciary defalcation and breach of fiduciary duty or will the bankruptcy court honor the terms of the confessed judgement promissory note (for either chapter 7 or chapter 13)?
My wife and I are separated, by mutual decision. We live in
My wife and I are separated, by mutual decision. We live in different states. I am in MI and she is in MS. We jointly own a home in IL which is in foreclosure and need to file bankruptcy. How can we do this and where do we start?Thank you!
I received your response to one of my previous questions and
I received your response to one of my previous questions and I really liked how you described the different scenarios when reaffirming the vehicle in the bankruptcy process. I wanted to ask you if it was true, if the vehicle is not reaffirmed by the judge, the vehicle payments are not reported to the credit bureaus? Also, usually what is the percentage or ratio does your monthly expenses and car payment have to be in order for the reaffirmation to be approved by the judge? TIA.
I might have to file Chapter 7,in Illinois. I own aView more bankruptcy law questions
I might have to file for Bankrupcy Chapter 7,in Illinois.I own a property/condominium.The Exempt Equity in IL is $15000.If I have any equity remaining(after deduction of $15000 Exempt Equity),can I just ask the trustee that I can borrow money from family and friends,and pay the Equity amount,so that I can keep my home?Will they give me priority in paying,or they would just foreclose and sell it?