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Relevant facts: -I am a 'pro se' ch. 13 filer. -My 4th

Relevant facts:-I am a 'pro se' ch. 13 filer.-My 4th amended plan was confirmed by the court very recently.-Also recently, my mortgage lender filed a motion for relief from stay (which I expected as I was in arrears post-petition by 4 months when they filed). The morning of the initial hearing on the matter - held 8/25/16 - I discussed entering a consent order with the mortgage lender's attorney. We communicated this to the judge and he set final hearing for 9/22/2016 (this coming Thursday morning). (At that time, the judge told me that if I could not come to some sort of agreement with my lender then I could present - at the final hearing - whatever evidence I want him to consider for denying their motion to lift the stay).-I have the order in hand (they sent it to me last Thursday and followed up today asking if I agreed with it) but have not signed yet because I have a couple of questions. The 'Order Granting Modification of Stay' stipulates that I am to begin making regular monthly payments starting 10/1/16. Monthly catch-up payments will commence on that date as well (I will have 9 months to cure the arrearage). The source of funds is a gift from my spouse (we are separated currently).- According to nolo.com, "the court is predisposed to continue the bankruptcy protection." Also, "Since property used as collateral must be paid for or returned during bankruptcy, the court will normally lift the stay unless the debtor can bring the payments current or show another good reason to deny the motion (for example, the debtor will use one of the available methods for dealing with secured debts in Chapter 7 bankruptcy, .....*****or the debtor has provided for payment of the debt in a Chapter 13 repayment plan)."Questions:- Is simply modifying my current (confirmed) plan to provide for payment of the post-petition arrears (using the gift funds from my spouse) a viable option for me? Is it really very likely the court would go along with that? I would need to file my modified plan tomorrow if this is a good defense. My total arrears is $5426.48, of which $1676 are attorney's fees.-The lender's initial filing included an exhibit - a tax assessment - that was not actually for my property (it was for another condo in my building) yet represented as such (in other words, they made a mistake). Is this a potentially 'fatal defect'....possibly necessitating re-filing if I bring it up to the judge? (I did mention the defect to the lender's attorney prior to the initial hearing and she replied with "well that's actually good for my client because the tax assessment in the filing is higher than what yours actually is (I had told her mine was less) ...which means they have a smaller equity cushion.....(I understand this but the point is there is an error in the filing).I have a few other questions but would like view your replies to these first.

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Whitney, Esq.

Attorney and Counselor at Law

Juris Doctorate

168 satisfied customers
The facts are as follows...The potential Debtor has

Hello:The facts are as follows...The potential Debtor has substantial equity in his home that is well over the state exemption level. The Debtor also has substantial student loan debt. Can the debtor go use a home equity loan to pay off the student loans and in turn minimize the amount of equity in the home for bankruptcy purposes? The Debtor proposes to do this right before filing his petition.

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Terry L.

Partner

Doctoral Degree

2,866 satisfied customers
I am currently one year in on a chapter 13 payment plan.My

I am currently one year in on a chapter 13 payment plan.My home has equity in it.Can I take out this equity if I can afford to pay it back?

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TJ, Esq.

Juris Doctor (JD)

10,816 satisfied customers
I owed the irs more than $65,000.They put a lien on my

I owed the irs more than $65,000.They put a lien on my house.I am now in a chapter 13.The irs debt was included in my chapter 13 and will be discharged after 5 years of payments.My question is,can I sell my home in a year?.I'm assuming at least $40,000 by then.Will the IRS take the equity if I sell before my 5 year payment plan is done?

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Whitney, Esq.

Attorney and Counselor at Law

Juris Doctorate

168 satisfied customers
I have a personal residence where my wife and I live. It has

I have a personal residence where my wife and I live. It has the following liens:First mortgage of approximately 725,000Second Mortgage of approximately 200,000Judgment lien of approximately 500,000Third mortgage of approximately 200,000The home is probably worth 750,000 on a good day, which is about the same as its valuation for property taxes. In Utah the homestead exemption for both my wife and me is 60,000.Recently I received a notice of default on the third mortgage, which is junior to the first three liens above. Can you help me understand what happens if the third mortgage exercises its power of sale. Does the homestead exemption come into play at all in this scenario? Does the third mortgage holder have to bid enough to cover the three superior liens, and so forth?

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DrakeLAW

Juris Doctorate

622 satisfied customers
I would need to file BK chapter 7.I am married but want to

Hello,So I would need to file BK chapter 7.I am married but want to file SINGLE Bankruptcy Chapter 7.I own a condominium property(primary residence),in Chicago Illinois.I hired an appraiser and they determined the value at $98000.My Mortgage balance is $66000.The Illinois homestead Exempt amount for a property is $15000.Would the trustee consider any other costs on top of the $15000 exemption,that would reduce my equity?(like real estate agent fees,title,etc )?So 98000(appraised value)-66000(mortgage balance)-15000(exemption)=17000 EQUITY so far...My mother would be giving me a gift (money) to pay for the "Equity" ,so that the trustee doesn't sell /foreclose on my home.Thank you!

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TJ, Esq.

Juris Doctor (JD)

10,816 satisfied customers
Re the property. If the other co-owner already took money

Re the property. If the other co-owner already took money against the house, and if I file a bankruptcy will the creditor still come after me or would they come too after the other co-owner.Thanks

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DrakeLAW

Juris Doctorate

622 satisfied customers
I might have to file Chapter 7,in Illinois. I own a

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?

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TJ, Esq.

Juris Doctor (JD)

10,816 satisfied customers
Regarding my previous question: Would it be possible to

Regarding my previous question:Would it be possible for me to transfer 100% my property to my husband(or somebody else),and then file BK by myself?Would the property be protected this way from BK 7?Or the Bankruptcy Court would Object to this,as its done only to protect my property equity?

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DrakeLAW

Juris Doctorate

622 satisfied customers
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