For DrakeLAW****, To recap - 1) I am 11 months into a
ForCustomer***Hi, Rich,To recap -1) I am 11 months into a Chapter 13 bankruptcy. My plan has been confirmed and an order on the Trustee's Motion to Allow Claims has been issued.2) My schedules include pre-petition debts owed to my condominium association. For a portion of the debt, the association obtained money judgments (one in 2013 and one in 2014). That portion totals approx. $19,500 and I scheduled it as secured debt. The remaining portion of the debt is approximately $10,500 and the association had neither obtained a money judgment nor recorded a memorandum of lien for the debt at the time I filed bankruptcy. Therefore, I scheduled it as 'unsecured' debt. The association has not submitted proofs of claim for the secured or unsecured debt.3) In our prior conversation on the subject, you raised concern as to whether the unsecured debt would somehow attach to the prior debt for which they obtained judgments. I am still unclear on this as I don't think we reached a conclusion. I will attach some documents that hopefully will help to reach a conclusion.4) I found language in the condo docs that indicates that a new purchaser of a unit is 'jointly and severally liable with the selling unit owner' for all unpaid assessments up to the time of sale. In the context of my bankruptcy, I wonder if this means that anyone who purchases my condo could still be pursued by the association for payment of the unsecured portion of the debt (even if it is discharged for me personally)? As for the legal technicalities for something like this - I believe it would be too late for the association to record a memorandum of lien for the debt (b/c Va code requires that such lien be filed within 90 days of the first assessment becoming overdue).....but could they still pursue a new owner for a money judgment? (This of course will affect the marketability of my unit you see!).
I am having difficulty completing "SCHEDULE C :THE PROPERTY
Hi. I am having difficulty completing "SCHEDULE C :THE PROPERTY YOU CLAIM AS EXEMPT" in my Ch. 13 Paperwork. I am attaching my PDF of this file for you to help me answer Questions 1-3 in Schedule C.So, my questions for you for Schedule C. I live in FLORIDA, I have a house I want to keepand 2 cars I want to keep. The 1st is a car I have paid off fully (my Chevy Pickup), and the 2nd car is my Chevy Acadia which I also want to keep (Amount Owed is currently at $10k and the NADA value of it is $8,500).Please help me answer the questions on Schedule C as follows:1. Which set of exemptions are you claiming? Check one only, even if your spouse is filing with you. You are claiming state and federal nonbankruptcy exemptions. 11 U.S.C. § 522(b)(3) You are claiming federal exemptions. 11 U.S.C. § 522(b)(2)2. For any property you list on Schedule A/B that you claim as exempt, fill in the information below:---->WHAT DO I PUT UNDER BOX STATING "Specific laws that allow exemption" for:A. MY HOUSEB. MY FIRST CAR (IT'S PAID OFF, AND THE NADA VALUE IS $10,000)C. MY 2ND CAR WHICH I HAVE A CAR LOAN THAT I AM CURRENTLY ON-TIME PAYING FOR AND WANT TO KEEP (AMOUNT OWED IS $10; WHILE NADA VALUE IS $8,500)***Note: I am a FL resident.Lastly, please also help me answer Question 3 in the file:3. Are you claiming a homestead exemption of more than $155,675?
Bankruptcy question-i have investment property in an LLC.
Bankruptcy question-i have investment property in an LLC. Years back I refinanced it and co signed the note along with my LLC in order to get the refinance. I am now looking to file chapter 7 to get rid of debt and do a mortgage modification on my personal home so I can keep my home. I don't care about the investment property and i am willing to let the bank foreclose on it. I was informed that even if I file chapter 7, the note will stay on my personal home along with the 2 mortgages I currently have now. Is this true?
Brothers house deed is in his name. Mortgage in ex wife's
Hi! Brothers house deed is in his name. Mortgage in ex wife's name. Mortgage co would not transfer to his name and he is current on payments. But there is a lien on the home and he is going through a bankruptcy right now. What are his options to save the home?JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: OHJA: Has any paperwork been filed?Customer: Bankruptcy has been filed but he is looking for another auttorney. His current one has been very unresponsive and wants him to walk away from his home rather than finding a way to save it.JA: Anything else you want the lawyer to know before I connect you?Customer: I think that is it. He just wants to save his home from foreclosure or anything like that. But his current payment is way way too high.
This question concerns objecting to a creditor's claim
This question concerns objecting to a creditor's claim within my Chapter 13 bankruptcy:American Express obtained a judgment against me for approx. $10,000 a few years ago. It's now recorded in the deed books so a lien has attached to my property. The claim that American Express filed incorrectly lists the debt as 'unsecured'. Does this create a legitimate basis for me to file an objection to ask for the claim to be denied as filed (unsecured)? It is too late for them to file another - secured - claim ... but they still are guaranteed payment from the equity in my property if/when it sells.
If possible, Question about post -judgement interrogatories
For Barrister Only if possible,Question about post -judgement interrogatories and a Request for Production of Documents.Hi Barrister, don't know if you remember me, but we were in conversation last May. We need your advice again, on the AMEX issue. Thanks!
I am a homeowner with close to $35,000 in credit card debt.
Good morning, I am a homeowner with close to $35,000 in credit card debt. I find myself in a deficit of about $250/mo paying mortgage, household expenses, and credit card payments. Would I be eligible for bankruptcy? Thank you,.
I'm currently in a Chapter 13 bankruptcy - I filed Pro Se. I
I'm currently in a Chapter 13 bankruptcy - I filed Pro Se. I have a confirmed plan 60 month plan and am 12 months into it.Regarding my Plan:Currently, there is an 'Order Settling Trustee's Objection to Fourth Amended Plan' stating that :"The Fourth Amended Plan shall be confirmed as filed, except that it must pay on account of the allowed unsecured creditors at least $64,593, or a lesser amount equal to one hundred percent (100%) of said claims, *whichever is less* (emphasis in the document is underlined), to satisfy the requirements of 11 U.S.C. 1325 (a)(4). The actual total funding may have to increase to do so, if necessary, when allowed claims are determined."The Trustee recently filed his 'Motion and Notice to Allow Claims'. Today is the expiration of the 21 days allowed for parties in interest to object. No one has objected so far (and I am not expecting anyone to).There is a total of only $11,422.19 in unsecured claims. Is there anything I can do (modify my plan? request another 'order'?) - once the order on the motion to allow those claims is made - to specify that I only need to pay this amount into the plan....rather than the $64,593? Or will I still have to pay that total amount into the plan and then receive a refund (at the end of the 5 years) of whatever excess is paid in?