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Recent Meeting of Creditors questions

As advised, we filed my wife's chapter 13 on May 1st. I now

Hi Rich:As advised, we filed my wife's chapter 13 on May 1st. I now need to continue with the rest of the filing and have the following questions:1. What other forms do I need to file within the 14-day deadline, which is this Monday?2. Is there any form in particular to file the so called Chapter 13 Plan?3. I have an arrearage of about $50,000 on my mortgage. This is the reason why my house was on foreclosure, should I include this amount in our chapter 13 payment plan to be repaid over the 5-year period?4. In respect of credit counseling requirements, what do we need to do? As I understand, we need to file a Certificate of Credit Counseling. If that's the case, when do we need to file it?5. Is it required to file a Debt Repayment Plan along with the Certificate of Credit Counseling?6. Is there any form that we need to use to file the Debt Repayment Plan?7. What other filing requirements do we need to meet?I also have some other questions:1. As I mentioned in our last chat, I have a Chapter 7 case in progress, is it possible to drop that case and be included in my wife's Chapter 13 case as debtor #2? Or do I need to convert my chapter 7 into chapter 13 first and then consolidate my new chapter 13 case into my wife's chapter 13? You also mentioned the option of letting my chapter 7 go and make on the arrears repayment in her chapter 13. This looks like a less complicated option. Isn't it?2. Do I need my attorney to convert my chapter 7 into chapter 13 or can I do it myself? It's just that I am thinking about firing my attorney as I can't afford his legal fees, which are a little bit high. I need your advice on the best way to handle this.3. My wife does not like the idea of being in Court. It's something she would like to avoid. Can I represent her in Court with a power of attorney or something like that?Thanks.

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DrakeLAW

Juris Doctorate

1,472 satisfied customers
I'm in the state of, I'm getting ready to file a chapter 7

I'm in the state of Virginia, I'm getting ready to file a chapter 7 bankruptcy. The question I had is that I purchased furniture from a furniture store that offered no credit check financing provided through a third party company. I got behind on those payments and funny enough they haven't reached out to me and also I have no idea the name of that company since my payments were automatic until I switched banks. Will I have to give the furniture back (I know I'll have to get their info for the bankruptcy for list of debts matrix)? P.S.- I don't want to make up those missed payments, it's not even worth what I owe.

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Terry L.

Partner

Doctoral Degree

3,014 satisfied customers
I am filing a Ch. 13 Bankruptcy. Most of my paperwork is

Hi, I am filing a Ch. 13 Bankruptcy. Most of my paperwork is ready and I just had a quick question about what files I need to bring with me to the bankruptcy courthouse the day I file:So do I just bring all of my prepared BK paperwork, including my Ch. 13 Plan, tax return from most recent year, and my certificate of completion for the pre-filing course I took? Am I missing anything - i.e. do I need to also bring them a copy of my credit report, checking account statement, OR ANYTHING LIKE THAT??? Or do I just bring all my Ch. 13 paperwork, my Ch. 13 Plan, my certificate, and copy of my tax return???

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DrakeLAW

Juris Doctorate

1,472 satisfied customers
My company sued a person (lawyer) for fraud back in February

My company sued a person (lawyer) for fraud back in February of this year and we had a trial date set for this week. The day before trial, the defendant filed a chapter 13 petition. As part of his petition, he lied about how much debt he has (we know this from the evidence and his testimony in our case to date) and he also did not disclose the existence of our fraud lawsuit against him to the bankruptcy court.The meeting of creditors is set for mid Jan. 2017...are we allowed to reach out to the trustee and let him know the facts that show he filed a fraudulent petition?

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NYCLAWYER

Attorney

Juris Doctor.

43,314 satisfied customers
Regarding Bk chapter 7.IL. I own a property,primary

Regarding Bk chapter 7.IL.I own a property,primary residence,condominim.I had my meeting of creditors and I presented Trustee with a professional Appraisal done 3 months ago.But Trustee wants to reasearch the value.Question:how do they check the value,do they have a specific website?Im just hoping that he would send an Appraiser or Realtor,for a correct value.If he checks zillow or trulia,the value shows much higher,about 25k more,but its not the correct value.As these websites give a value by considering both, for example,a new construction 3 bedroom (sold for 300k) AND an old building 2 bedroom ,sold for 100k...so it overvaluetes older properties,because of the new building expensive condos. ...Also,in how many days he is supposed to tell us his opinion on the value?

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Roger

Litigation Attorney

Doctoral Degree

35,178 satisfied customers
I am a tenant in an large apartment complex for 8 years. I

Hello,I am a tenant in an large apartment complex for 8 years. I owe them about $900 in water bills. My original deposit was $950 8 years ago. My lease is over Novemeber 30th. I want to move as soon as possible, maybe even Octuber 30th.My lease contract says that for me to terminate the lease I need to give them 30 day notice and then I be responsible for two months lease (or in my case just till end of lease)I filed bankruptcy and the case was closed and bankruptcy (chapter 7) was finalized last week. I never mentioned to my lawyer or to the trustee that I want to move or terminate my lease. my question to you today is can I brake my lease now and not have to pay for next months rent? do I still neeed to give them 30 day notice or can I just tell them I be out in 20 days. I assume they for sure can keep my deposit .Rent is currently 1100, water is about an additional $70. When I originally moved in I was a student and I had a guarantor, but he never signed on renewal leases can they go after him or affect his credit, he was never asked to come back and sign anything since 2008. thanks

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

54,892 satisfied customers
My trustee filed a motion to dismiss my chapter 13, which I

my trustee filed a motion to dismiss my chapter 13, which I filed July 1, 2016. He argued that since I filed on chapter 7 in 2011, which was later coverted to chap 13 and then another chapter 13 in 2012, which was dismiss because I was able to workout with the creditor prior to payments started on the plan. I have complied with all requirements and filed a very reasonable plan, which is basically to pay my late mortgage. I have no other creditors, except a car loan, which has only 425.00 left on a car that is basically out of the road. How should I respond

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DrakeLAW

Juris Doctorate

1,472 satisfied customers
I filed chapter 7 and on June 16 had my meeting of

I filed chapter 7 and on June 16 had my meeting of creditors. I have a car that is not running that I am surrendering. Do i have to wait until the discharge or can I call them now to get them to come and get it?

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Terry L.

Partner

Doctoral Degree

3,014 satisfied customers
I filed chapter 7 bankruptcy 2 years ago this June. It was

I filed chapter 7 bankruptcy 2 years ago this June. It was discharged in December 2014. I still have the vehicle in my drive way. When does it become my property.JA: OK. The Lawyer will need to help you with this.Customer: thank youJA: Have you talked to a lawyer yet?Customer: noJA: Anything else you think the lawyer should know?Customer: simple chapter 7, no objections from creditors. this was florida by the way.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 Lawyer about your situation and then connect you two.

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Roger

Litigation Attorney

Doctoral Degree

35,178 satisfied customers
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