Join the 9 million people who found a smarter way to get Expert help

Recent No Asset questions

Regarding my previous question: Would it be possible to

Regarding my previous question:Would it be possible for me to transfer 100% my property to my husband(or somebody else),and then file BK by myself?Would the property be protected this way from BK 7?Or the Bankruptcy Court would Object to this,as its done only to protect my property equity?

Read more

DrakeLAW

Juris Doctorate

star-full
410 satisfied customers
Can a student loan be included in a bankruptcy if it is in

Can a student loan be included in a bankruptcy if it is in deferment, or do you have to be making payments?

Read more

Alex J. Esq.

Managing Attorney

Doctoral Degree

star-full
21,470 satisfied customers
My Chapter 11 bankruptcy is close to being confirmed, and

My Chapter 11 bankruptcy is close to being confirmed, and that is good, but one thing rankles. It is that an unimpaired creditor submitted a bogus document in the proof of claim (POC). My lawyer says there is no reason to object to it or make any kind of complaint about it because I am not objecting to the claim. Is that correct? I think people who fabricate loan-related documents should be revealed in the light of day.(I would have objected based on some hi-jnks whit my payments in 2010, but I can't afford what my lawyer would charge me, which is $10,000 just to write and file the motion).It's a mortgage, and what the company submitted was an assignment of deed of trust dated 9 days after I filed for BK in 2015. It was from MERS to the Company, and signed by a Company employee who was not identified as such on the transfer of deed. He was deemed a "MERS assistant secretary." There was a similar document created in 2010, when a different Company employee was the MERS secretary, and she signed over the deed of trust and the note to her real employer at that time. Thus, MERS no longer had a right to transfer the deed in 2015.More to the point, the deed and the note, which I signed as borrower in 2007, make no mention of MERS. The original lender was Downey, which was shut down by the FDIC, and officially its assets went to US Bank. I can't figure out how MERS ended up with the ability to transfer my note and deed in 2010, or why the Company now claims it owns my note. The MERS search tool says Fannie Mae is the investor.On the last page of the copy of the note the Company included in their POC, there is stamp, I would like to know what it means that it is unaltered from the time I got the loan onwards. It looks like no one has ever signed the note over to anyone one. Just curious. My real question is above.

Read more

Phillips Esq.

Attorney

Juris Doctor

star-full
17,128 satisfied customers
My home was discharged in my chapter 7 back in May of 2013.

My home was discharged in my chapter 7 back in May of 2013. I did not reaffirm the loan. I sense then have remained current on mortgage payments and remain in the home. I would like to buy a new house and was wondering if it would be possible to sell my current home without any issues because it was discharged? Or would i have to contact the mortgage company? I have quite a bit of equity and worry that the lender might stop accepting my payments and foreclose on the property to sell for a profit. Thanks in advance.

Read more

DrakeLAW

Juris Doctorate

star-full
410 satisfied customers
A person, CH, is in Chp. 13,, bankruptcy. CH has a judgement

A person, CH, is in Chp. 13,, bankruptcy. CH has a judgement against her in a county civil court from a bank. That first started in 2010. Case was reopened in 2015, and judgement was for the plaintiff for $49,000 in June 2016.In April 2016, CH filed a new amended Chp. 13 plan which was confirmed May 2016. The Bank was a creditor and still gets certificates of notice. However the bank is not listed in CH amended plan as either a secured or unsecured claim. Is this allowed?? Does CH have to inform trustee of this new judgement of June 2016 for $49,000.

Read more

DrakeLAW

Juris Doctorate

star-full
410 satisfied customers
If i file, do I loose my vehicles and time share property

if i file for bankruptcy, do I loose my vehicles and time share property and must put all creditors on list. Also I filed 12 to 15 years ago

Read more

Texas Atty

Juris Doctor

star-full
34,618 satisfied customers
This is an ethics question in a bankruptcy context I red a

This is an ethics question in a bankruptcy contextI hired a law firm to handle my Chapter 11 bankruptcy after Partner A and I had discussed the case over the phone in sufficient detail to relay my seriousness, my income, and the size of my debt to my sole impaired creditor. After I had signed the retainer and wired the money, I went in and met with Partner A. We went over my assets and income again and he told me how he thought the BK should be structured.I was assigned Partner B as my attorney. The day to day work has been done by a capable and experienced junior attorney. We have obtained a handshake deal for the vote I need in order to have a confirmable plan. We expect that vote next week, and a confirmation at the confirmation hearing in 6 weeks.Yesterday, the junior attorney told me that until recently, partners A and B didn't think my bankruptcy plan would be confirmed.Should one of them have told me that soon after they came to believe it?

Read more

DrakeLAW

Juris Doctorate

star-full
410 satisfied customers
Im a law clerk at a government agency looking into

Im a law clerk at a government agency looking into bankruptcy issues. Years ago we filed a Proof of Claim on a company that had filed ch 11. The BK has since been terminated (in 2015), not sure what that means since the case was terminated rather than discharged. Do we have a claim here? How would we collect? Or what happened to the debt owed to our office?

Read more

DrakeLAW

Juris Doctorate

star-full
410 satisfied customers
My mom's credit card has gone to in-house collections.

My mom's credit card has gone to in-house collections. She has total debt of $23,200 on the card. Before it went to in-house collections, the most I could get them to settle for is 50%. Chase is her only creditor.The NUMBER ONE concern is for my brother. He loaned my mom 35K for house payments, bills and repairs to get the house sold. She paid him back when the house sold t in September 2015. She then stopped making payments to Chase because she did not have the money to do so.1) Is there any time that must go by where my brother' 35k would NOT be considered as part of a bankruptcy? That is, would he have to give any of the 35k to Chase?2) If they sued my mom, could they touch my brother?3) If she decided to declare bankruptcy, would my brother be impacted in a negative way?My brother loaned her $35,000 for house payments and fixing up the house, so she paid him back first. She absolutely does not want my brother to be dragged into any of this, or get screwed if she gets sued.She is on Soc. Sec. and has a small pension from a divorce which I believe are untouchable. $1354 is here monthly income and she now has $18K left from selling the house.1)In bankruptcy would her income be a factor2) In bankruptcy, would the lose the 19K of savings anyway? But she did sell her house back in Sept. of 2015. Would I lose my savings to Chapter 7 regardless?Thanks for any help you can give!!!

Read more

Barrister

Attorney/Landlord/Realtor

Doctoral Degree

star-full
45,440 satisfied customers
View more bankruptcy law questions
In The News