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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'm reading the article regarding a Sungevity bankruptcy

Hi, I'm reading the article regarding a Sungevity bankruptcy claim. The person was leasing the panels. The advice was to stop paying the lease since the contract was cancelled. I am dealing with the same company except I paid for half the installation in March (while they were filing for bankruptcy but didn't tell me). They finished the install and I noticed their emails were now coming from the new company. They have not turned on my panels yet, but the install is done. I am concerned about paying the second half of the installment because I do not have a contract with the new company and I am worried about the warranty. Do I still need to pay the new company? Can they reposes my panels if I don't?JA: What state are you in? And has anything been officially filed?Customer: California. Ues yesJA: Has anything been filed in civil court? If so, what?Customer: Not against me. They just filed the bankruptcy that I am receiving notices about from the court since the new company is assuming their assets.JA: Anything else you want the lawyer to know before I connect you?Customer: nope

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DrakeLAW

Juris Doctorate

1,480 satisfied customers
I have a question about the statute of limitations under

I have a question about the statute of limitations under UFTA or its successor statute. If I understand it correctly, a person who is deemed to have transferred something of value may be adjudicated of doing so with actual intent, even if that conclusion is erroneous, and even if the transferor received reasonably equivalent value for the transfer. If found to have had actual intent under the “badges of fraud” analysis it triggers a statute of limitations of four years from the transfer, or, if later, one year from when the transfer was or could have been discovered by the plaintiff. This of course may lead to an absurd scenario in which fifteen or more years could pass, and a plaintiff could finally assert that they just became aware of the transfer and then take another year to bring an action, some sixteen years after the transfer for equivalent value was made. Apparently, such an action could be brought even it the transferor received reasonably equivalent value fifteen years earlier when the transfer occurred.In the alternative, a transferor who simply gives away an asset for nothing (not reasonable equivalent value) is the beneficiary of a statute of limitations that bars the claim after four years with no so-called “savings clause” extending the look-back period another year from transfer discovery. Again, for a transfer without consideration.Unless gifting assets for no consideration always results in actual fraud and receiving full consideration always results in no actual fraud, I can't make sense of the limitation statute as it relates to these alternative scenarios. Can you clarify this for me?

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DrakeLAW

Juris Doctorate

1,480 satisfied customers
If two creditors file an action against the same transferee

If two creditors file an action against the same transferee in a transfer avoidance claim, is it the first one to file that reaps any benefit from the claim? If so, how is that not just a subsequent potentially voidable transfer if it works to the detriment of other creditors?

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Ely

Counselor at Law

Juris Doctor

70,008 satisfied customers
I received a letter from the united states bankruptcy court

hi,JA: Hi. What seems to be the problem?Customer: i received a letter from the united states bankruptcy court southern district of new yorkJA: What state are you in? And has anything been officially filed?Customer: chapter 11JA: Has anything been filed in civil court? If so, what?Customer: new yorkJA: Anything else you want the lawyer to know before I connect you?Customer: no. that's the letter i received

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

54,926 satisfied customers
Can you back date the filing date of filing a chapter 13,

Can you back date the filing date of filing a chapter 13JA: What state are you in? And has anything been officially filed?Customer: IllinoisJA: Has anything been filed in civil court? If so, what?Customer: ForeclosureJA: Anything else you want the lawyer to know before I connect you?Customer: No

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

54,926 satisfied customers
This is a chapter 7 question. The Debtor has no income and

This is a chapter 7 question. The Debtor has no income and is totally supported by her boyfriend. Drives one of his cars, lives with him, etc, totally supported by boyfriend. Is there any notation that should be made of this on schedule I or just leave I and J replete with zeros and explain it at the 341?

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Terry L.

Partner

Doctoral Degree

3,014 satisfied customers
I am bankrupt. I have over $1 million of Judgements against

I am bankrupt. I have over $1 million of Judgements against me from a failed business venture. I will not file bankruptcy.I want to protect my Social Security Benifits.I read Social Security Benefits are safe from creditors... How do I ues this???Is there a way to open a new savings account, ear marked Social Security. Then have SSA deposit my monthly benefit checks there. If I NEVER deposit any other money in this account, (NO comingling), so it is clear it is only my Social Security Benefits, can I exclude this from any adverse creditor? I am open to other options to achieve protection for my Social Security Benefits.Kind RegardsSam

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Terry L.

Partner

Doctoral Degree

3,014 satisfied customers
I am into month 58 of a 60 month chapter 13 and have been

I am into month 58 of a 60 month chapter 13 and have been given a cd for $35000, it was a gift from a dear friend who recently passed away, can I keep it. ?JA: What confuses you?Customer: Can I keep the money ( gift )JA: What state are you in? And has anything been officially filed?Customer: FloridaJA: Has anything been filed in civil court? If so, what?Customer: Nothing filed in civil court.JA: Anything else you want the lawyer to know before I connect you?Customer: No

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legalg

Juris Doctorate

19,812 satisfied customers
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