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Need help with filing Claim form received

Need help with filing Claim form received. The Debtor company owes the money for the services provided by our Company (our IT consultant worked there but they haven't paid for it).

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HCLegal

Partner

Doctoral Degree

376 satisfied customers
I need an explanation of the Homestead Exemption and how it

I need an explanation of the Homestead Exemption and how it works during a Chapter 7 filing.In Louisiana, there is a $35,000 homestead exemption on the primary residence. Let's say that I have a home with an expected sales price of $535,000 and the mortgage and equity loan total is $475,000, then the equity would be $60,000 (not including the broker sales fee and seller closing costs). If in a Chap 7 proceeding, the Trustee elects to sell the house and the proceeds do equal $60K, do I get a $35,000 payment for the equity homestead exemption which I would keep and could not be used to repay creditors?If I would not get the $35,000 payment, what is the purpose behind the homestead exemption? In a similar example, if the house sells for $535K and the mortgage and home equity loan total $500K, then the gross equity would be $35,000. Would that then mean that the Trustee cannot sell the house? But theoretically, if the equity would be any greater than $35K, the Trustee could sell the house and I would get nothing?

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Phillips Esq.

Attorney

Juris Doctor

21,284 satisfied customers
I may need to delcare and never have before. 2 credit card

I may need to delcare and never have before. 2 credit card bills, 40k left over from divorce. little i have i need to for my kids and I whome I support half of the time. my therapist seems to think, i am ready but I would never have dreamed of doing this. i am on medicaid for my health and services. food stamps coming soon. she says I am the classic scenerio it was set up for.

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Terry L.

Partner

Doctoral Degree

2,972 satisfied customers
BANKRUPTCY: I have 2 questions 1. Debtor owes the Landlord

BANKRUPTCY: I have 2 questions1. Debtor owes the Landlord $4800 of back rent; and they are still occupying the residence. Landlord has not filed for eviction YET. Can the debtor include the $4800 of back rent in their Chapter 7 bankruptcy?2.Debtor is filing Chapter 7 bankruptcy and has 2 Title Loans on the same vehicle. Can they include the Title Loans in bankruptcy and retain the vehicle? 2003 Honda Odyssey is paid in full; but has 2 title loans against it.My thoughts to both questions is no; but I just want to ensure I understand correctly.

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Phillips Esq.

Attorney

Juris Doctor

21,284 satisfied customers
In February 2016 a Federal Judge issed an "Order of

Hello, in February 2016 a Federal Judge issed an "Order of Compromise" settling all matters regarding my Bankrupt Estate for agreed upon consideration.In her order she clearly stated that no objections were sought and no hearings were requested; thus, I paid the amount agreed upon by me and the Trustee to settle ALL claims by creditors against my estate. Every creditor was furnished with all pertinent schedules including Schedule "C" - Exempted Property. No objections were raised after the initial meeting of the creditors. Under Bankruptcy Guidelines the creditors have 30 days to challenge "Exempt Property". NONE did.Further, not one interested party appealed her order and now a few creditors have placed liens against my homestead in Florida after despite her specific ruling.Can these creditors be sanctioned or sued for Slander of Title for placing a lien on Homestead property and defying a Federal Judge's order.Thanks!

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DrakeLAW

Juris Doctorate

1,140 satisfied customers
Bankruptcy have to be filed for in the state you live in or

bankruptcy have to be filed for in the state you live in or can you file anywhere?JA: What state are you in? And has anything been officially filed?Customer: my son is in ft wayne In. he is from michigan nothing has been filed yet...JA: Has anything been filed or reported?Customer: noJA: Anything else you want the lawyer to know before I connect you?Customer: we talked to a lawyer in ft wayne many nomth ago, but feel we did not get enough answers and so we have put if off. I guess we are looking for a 2nd opinion and more info on what is al l involved

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legalg

Juris Doctorate

17,568 satisfied customers
I have a friend that had a chapter 13 bankruptcy 5 years

I have a friend that had a chapter 13 bankruptcy 5 years ago. He had a lot of credit card debt, a motorcycle, and a few small things. The credit card debt was erased so he is only paying for the motorcycle and a few small things. This is the last year he has to pay for that bankruptcy. It will be paid off in December. He currently has a modular home financed and has been in it for 7 1/2 years that was not included in bankruptcy. Evidently he has an adjustable rate mortgage because his payments went up, up, and up to the point where he felt like it was no longer worth paying for. He has kept it in pristine condition though. He paid 148,000 for it originally but owes 135,000 on it now. He stopped paying monthly payments on the house 5 months ago. His loan was recently sold to another company but they haven't done anything about removing him yet though. I want to help him make the right decision on this. What are his options? I told him he should offer them something less, like 100,000 or something. Since they don't know the condition of it, they might assume it is destroyed on the inside and be willing to settle for less. He said that wasn't possible because under his bankruptcy, they said he could not finance anything else. What are some smart ways to handle this?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

115,354 satisfied customers
If a judgement creditor in Utah wants to garnish a bank

If a judgement creditor in Utah wants to garnish a bank account does the bank need to be in Utah, or can they garnish a bank account in another state?

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NYCLAWYER

Attorney

Juris Doctor.

41,374 satisfied customers
There is an undistributed balance (overpayment) on my

There is an undistributed balance (overpayment) on my Chapter 13 bankruptcy account. The trustee is going to issue the closing document on the case because I have met all terms and payments agreed to on the case. Can the close document be used to prove Iam no longer in bankruptcy. The trustee will show it was completed a month ago.JA: What state are you in? And has anything been officially filed?Customer: Washington. The close document will be filed tomorrow.JA: Has anything been filed in civil court? If so, what?Customer: NoJA: Anything else you want the lawyer to know before I connect you?Customer: The trustee believes the over payment was an error on their part and will be returned to me but until he confirms that the "discharge" document will not be issued.

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Maverick

Doctoral Degree

7,732 satisfied customers
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