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Recent bankruptcy law questions

I was sued be an individual person I know and I counter sued

I was sued be an individual person I know and I counter sued her back. She didn't show up in so a judgement was filed against her. She then filed a motion to vacate the order of judgementn and it was denied but they let her reschedule the court date. I didn't show up for court because I thought my case against her was settled since they denied her motion to vacate the order. Well the judgement against her was thrown out and now there is a judgment against me. Today I have to show up for court and give my bank statements and paystubs. My question is what if I show up and don't give my infomation to them is there anything they could do to me if I refuse or lie and say I don't have a job or I don't have a bank account. Also why did the judgement against her just disappear. Her we both had judgements against each other we would have broke even but the courts removed her judgement after they sent me a notice saying her motion was denied.

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legalg

Juris Doctorate

 
12,166 satisfied customers
How much time do you have to file a motion to set aside an

How much time do you have to file a motion to set aside an order dismissing a chapter 13 case for failure to pay?

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304 satisfied customers
I filed bankruptcy in 2008. My home was not reaffirmed in

I filed bankruptcy in 2008. My home was not reaffirmed in the bankruptcy. I paid off my bankruptcy and the case was closed. I discovered that another company bought the mortgage and filed a foreclosure on me in November 2014. HELP!

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Terry L.

Partner

Doctoral Degree

 
2,832 satisfied customers
My Chapter 7 bankruptcy was dismissed to pay installment

My Chapter 7 bankruptcy was dismissed for failure to pay installment filling fee. I completely forgot and dont think thats a great reason. How would I better word this mistake on the motion to vacate dismissal and ask to pay the entire amount in 3 weeks?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

 
104,184 satisfied customers
If a defendant does not supply to the court necessary

If a defendant does not supply to the court necessary evidence for the plaintiff to present to the court what are your options? In this case the evidence creditor, plaintiff had to present was not delivered to plaintiff until once the trial had taken place, resulting in a judgement for defendant. Discovery was to be completed 30 days before the trial. Also the defendant did not make court aware of this evidence that came post trial to plaintiff. Options here? The court was made aware of this evidence not being presented at trial, post trial judgement.

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Phillips Esq.

Attorney

Juris Doctor

 
16,564 satisfied customers
I have a judgement against me from a funeral home and a lien

I have a judgement against me from a funeral home and a lien was placed on my property.I now have the property sold but title cannot be transfered until lien is satisifed. The court ordered !8% interest from the day of the funeral to present. To me this should be simple math but somehow the funeral home is coming up with a figure in extreme excess of the calculations done by the bank, the titling company and a online judgement interest calculator. i want to get this taken care of but the funeral home will not release the deed until their figure is paid. i am at my wits end in Virginia.

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Ely

Counselor at Law

Juris Doctor

 
62,072 satisfied customers
If a bankruptcy case is dismissed I understand that a party

If a bankruptcy case is dismissed I understand that a party can file a motion to vacate dismissal or simply re-file the bk. Can an emergency automatic stay be put in place prior to the ruling to vacate the dismissal? For example, can a motion be filedfor immediate reinstatement of the automatic stay prior to the ruling to vacate the dismissal?

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Maverick

Doctoral Degree

 
5,190 satisfied customers
I filed a chapter 7 in the state of california in january due

I filed a chapter 7 in the state of california in january due to, too many creditors not willing to work with me and some of them retaining lawyers to threaten suits. I made a deal with law offices prior to filing and then a string of bad luck entered more creditors into the picture so i could not keep up on the commitments i initially agreed. However I only signed with one lawyer a agreement and i paid him 14k of the 16 owed he did not contest the chapter 7. I received a discharge may 10th approx. One law firm who was listed in my chapter 7 and was told to speak to my bankruptcy attorney did so during the filings. Once it was complete they refiles a motion to set aside and vacate the notice of settlement and reinstate the proceedings: memorandum of points and authorities declaration of "attorneys name" CCP 473 and proposed order june 24th 2015 at courthouse such and such.they listed the motion is based on the grounds that the notice of settlement was filed prematurely due to fast of counsel. (i never signed an agreement)My question is, is it legal for them to do this after a chapter 7 which they were listed in (shouldn't it go to bankruptcy court if they were?)question 2. there is a court date for tomorrow morning but is this something i need to show up to? this line threw me offTO ALL INTERESTED PARTIES AND TO THEIR ATTORNEYS ON RECORD:PLEASE TAKE NOTICE THAT on June 24th 2015 8:30am dept s36 of the above "the plaintiff" will move this court for an order to set aside and vacate the january 7th 2015 notice of settlement of the herein action and reinstate proceedings.does this mean if i don't show up i default? and also why didn't they send this to my lawyer who they were discussing my chapter 7 with? The only possible answer I can think of is that they know the chapter 7 is discharged and the lawyer i had was only hired for the BK filing.

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37,522 satisfied customers
CA. BK question; Bank foreclosed on the home owner who was

CA. BK question; Bank foreclosed on the home owner who was in bankruptcy and has 100% confirmation/proof the bank was served notice of such. Then after the sale wherein the property went back to the bank. The home owner served a NON filed motion that sheis about to file with the bk court with a cover letter to the banks lawyer asking if they want to rescind the sale thus resolving the matter. This letter she sent STOP the eviction they had started BUT it also caused the Bank to files a motion for relief (MFR)from stay Requesting to make to WHOLE THING RETROACTIVE TELLING THE COURT THEY HAD NO KNOWLEDGE OF THE BK thus getting them off the hook. The home owner timely files a opposition to their motion pointing out the real facts with copies of the fax transmittals,phone bills and loge of each person that was talked to who confirmed getting the BK notice, all showing they were served before the sale. . The MFR hearing was set for the 21the BUT before the hearing took place the court dismissed the case on 10-17-14 dueto the fact that the debtor failed to go to her 341 meeting. Thus there was no case hearing on the 21st. End of case BUT the bank has just now served the owner with copy of what they filed on filed in the BK court on 10-23-14 = :NOTICE OF LODGMENT OF ORDERIN BANKRUPTCY CASE” . stating: “ PLEASE TAKE NOTICE THAT THE ORDER TITLED ORDER GRANTING MOTION FOR RELIEL FROM THE AUTOMATIC STAY UNDER 11USC (REAL PROPERTY) WAS LODGED ON 10-23-14 AND IS ATTACHED. THIS ORDER RELATES TO THE MOTION WHICH IS DOCKET NUMBER 17.”. The debtor had no knowledge of any hearing on 10-23-14 and in looking on pacer there is nothing on the docket sheet showing any notice of a hear or a hearing on the 23rd. What should the debtor do now?

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Terry L.

Partner

Doctoral Degree

 
2,832 satisfied customers
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