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Recent bankruptcy law questions
Looking at my options to file ! : No. I was just doing
Looking at my options to file for bankruptcy!JA: The Bankruptcy Lawyer will need to help you with this. Have you consulted a lawyer yet?Customer: No. I was just doing research on it firstJA: Please tell me everything you can about this issue so the Bankruptcy Lawyer can help you best. Please give me a bit more information, so we can help you best.Customer: I have over 19,000 dollars in credit card debt, student loans, personal loans, I recently bought a house with my ex and I am no longer living there so I go a place I could not afford and started paying bills and using my credit cards for help, now I am struggling paying it back and falling behind on rent and car psymentsJA: OK. The Bankruptcy Lawyer will need to help you with this. Is there anything else important you think the Bankruptcy Lawyer should know?Customer: Like?JA: 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.
I have handed over a bank check to my attorney that came
I have handed over a bank check to my attorney that came from a joint bank account to which i shared with my boyfriend who was recently forced into chapter 7 bankruptcy. My attorney is now telling me that the trustee is demanding the check be handed overto the estate. Due to a long history of mixing funds and years of working for my boyfriends corporations i have a right to all or some of the monies that that the trustee is asking to given to the state of nj trustee account. How can i protect myself here.If i ask my attorney for the check back will he give it back to me. Do i have to fire him to get the check back. If i get the check back i plan to cash it out so the trustee can not seize my account. What are the possible repercussions that i am looking at.
CustomerI have another question for you. My husband had
Socrateaser I have another question for you. My husband had prior to filing for a divorce had (without my knowledge) an appraisal of the property done and then stopped paying the mortgage payments I was giving him to do and allowed it to go into foreclosureall of which was kept hidden from me. A girlfriend had contacted me while I was out of state and told me my home was going up for sheriff sale in 6 days to which I flew home found an attorney and had my self put into chapter thirteen. As I understand the federalgovernments rules for thirteen which states that Chapter thirteen must be satisfied before anything else can occur. So during the time Chapter Thirteen was opened My divorce attorney had commingled my two cases with my Bankruptcy attorney. That said I hada pipe line company wanting to have access to my property to run pipe lines through and I was able to negotiate that transaction to which and with out my agreement my divorce attorney opened a DIVORCE Trust and said I had to put that money in there. In themean time my Chapter 13 has not been satisfied. During this time frame My husband and his attorney went to Chapter Thirteen and some how managed to put him self on as a creditor and filed a 15 million dollar claim against me. If you were to read through thepacer.gov site you will see in the transcripts even the judge asked how is the spouse a creditor and yet there attorney argued that there was a state court ruling and a trust account opened and all this was over his ability to have access and take draws fromthis money to live on as he continues to lay claims to property and money that he clearly has no right to. Okay, that said as I see it the Divorce Trust and the nature of and how the money has been distributed is as I see it Illegal and Violates the BankruptcyCourts as 13 has not been satisfied and as I see it all money should have gone into thirteen account. My bankruptcy attorney as I see is it doing what is known as SLOTH I have consistently told him to get that divorce trust closed and to get that 15 milliondollar claim of of my 13 account and in some way they seem to be using this as a tool or loop hole of some kind. My 13 attorney has drug his feet and allowed this to continue and remain on my account against me for years now and I just dont understand it.How can I get the 15 million removed and how do I get the divorce trust closed. I understand that I do not need to wait for a divorce and that I can just go get the divorce finalized with out husbands involvement. So would doing this also help.
If I am to take a family member to court for a civil dispute
If I am to take a family member to court for a civil dispute involving breach of duties by personal representative of a will in which he/she did not disperse all the monies to a beneficiary, myself-how do I summons him to court if he has since changed his name, only first names?
I was part of an LLC that sued a land developer and won.
I was part of an LLC that sued a land developer and won.I purchased 100% the rights to collect on the judgment from the LLC.No one else in the LLC was willing to spend any money on attorneys.The debtor may be setting up for a BK.There is another LLC that I am also a member of. I own only 3% of that LLC. We also sued the developer and won as part of the same case, but that LLC is not doing anything to collect.If I work independently only for the LLC for which I own 100% and locate assets would the other LLC be notified?Do I have an obligation to notify them?In neither LLC am I the managing member.If I wait until the debtor stops hiding assets he may file BK.If I move now and locate assets, the other LLC may seize them and I only collect 3% .What is your advice?
Re lis pendens ability:
Regarding your responsesView more bankruptcy law questions
To Socrateaser:Re lis pendens ability:Regarding your responses below:#4 Answer - Is this an adversary Case? (I don't know the difference). You mention a law suit would have to be filed in state court but first get permission from bk court because of the Barton doctrine. OK got it. Now….Questions: 1. I thought the adversary case had to be filed in bk court Not state Court? Or are you thinking about another law suit?Trustee filed an adversary case against debtor when he was first appointed in retaliation to debtor's opposition to objecting to unnecessary extra realtor commission. Debtor filed a cross complaint with an attorney – ran out of funds – deadline to continue passed & cross complaint dropped.The Bk adversary case has been trailing for some years and periodically re opened and used to bury debtor before other deadlines.Would debtor file a new adversary case in bk court or try to open the old cross complaint and use this case to file lis pendens? Or - is it better to use the existing appeal of sale of residence?_________________________________________________________________________ 3. Could a debtor file a complaint for breach of fiduciary duty against trustee for intentionally omitting Bk assets creating an insolvent estate to silence debtor? “Removal” still pending at D.C, but stalled because of eviction process).A: Federal common law requires a party suing a bankruptcy trustee in state or federal nonbankruptcy court for acts done in the trustee's official capacity to obtain leave from the bankruptcy court that appointed the trustee. (This is known as the “Barton doctrine.”) Matter of Harris (9th Cir. 2009) 590 F3d 730, 741-742 (“court other than the appointing court has no jurisdiction to entertain an action against the trustee for acts within the trustee's authority as an officer of the court without leave of the appointing court”).4. Would this be an adversary case? Would this allow a lien on property?A: It would be an entirely separate lawsuit in state court. In theory, if you could show a likelihood of prevailing on the merits, then you could obtain an injunction from the court to enjoin he property sale. But, the bankruptcy court would have to approve the lawsuit. So, again, this may be a nonstarter.