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We had a bankruptcy (Chpt 13) that went over a year past the

We had a bankruptcy (Chpt 13) that went over a year past the 5 year plan with no end in sight. How do I get answers as to what went wrong?

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Terry L.

Partner

Doctoral Degree

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Who can go into bankruptcy chapter 13? The owner on the

Who can go into bankruptcy chapter 13? The owner on the title of the property is an LLC. Is this the main player in this situation? Thank you.

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mmdesq

Attorney

Doctoral Degree

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Im currently past due on my mortgage payments. Ive tried

I'm currently past due on my mortgage payments. I've tried to work with the lender under the making home affordable program but was denied; i've appealed the decision but it does not look that the lender wants to accept the appeal. Well on Nov 12, the lenders agents file a NOD on the property, beginning the foreclosure process. The program sell date is in March 2014. Now i don't want to loose the property because i would be on the streets with my son. I am working and want to come to an agreement with the lender so i can make payments that could be affordable to me. I currently make 1,500 to 2k a month. The loan has a co-borrow on it but she signed off title to me about 4 years ago. Now i been reading on Chapter 13 bankruptcy and it looks that this might be an option; so i could keep my home. I've never filed for bankruptcy before. Is this a good route to go and would it affect my credit score and does it go on my credit; if yes how long does it stay on my credit ? What's the first step to begin the process?

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Roger

Litigation Attorney

Doctoral Degree

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What would a motion be called to request judge not to close

What would a motion be called to request judge not to close case. he hasn't closed it yet, but i already received my discharge. i know i need to do a motion. i called his clerk a few times asking her to please tell him not to close my case, i just dont have time to do the motions/adv pro i want to submit. Deputy said she can not tell judge. I told her she's his "right hand man." Basically, I know me telling the deputy clerk won't stop my case from being closed, but against reason, my case is still open. I need to file the Motion, is there a specific Motion or legal jargon/request/grounds/etc. that must be submitted with a MOTION TO NOT CLOSE DEBTOR'S CASE? (Is that what I call it?)also1. Any "special" venue?2. My grounds are that I, Debtor, have reponsibilities and have encountered hardships, therefore debtor has been unable to submit Motions related to bk case?3. I am Pro Se, therefore takes longer to create a well-plead Motion/Proceeding without risking a Motion to Dismiss without Prejudice (wasting time, paper, ink and postage).4. Debtor is currently in another court, with deadlines requiring pleadings to be created and filed.Is the above enough for the Motion? 5. Do I need to file a Declaration with it?6. My properties have been abandoned back to me from Trustee, so do I still need to give Notice to Trustee? Thanks so much for your time and education

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Roger

Litigation Attorney

Doctoral Degree

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I was wonderin, is requesting the auto stay to be lifted, the

I was wonderin, is requesting the auto stay to be lifted, the same as bringing a claim?, I know i'm not ch 13, but would it make sense to say, "they do not have the authority to bring the claim? and their claim is facially defective? this is basically a "claim" on their part yes?

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Can I use 363 or frbp 2002 to prove adequate protection? or

Can I use 363 or frbp 2002 to prove adequate protection? or how can I as a chapter 7 prove that I have equity and object also to the adequate protection? I pay the property insurance, after finding out there wasnt any even though the "lender" kept saying they paid it (they really never did pay it and the house was uninsured for a very long time). They did however pay the prop taxes. Also I have put improvements, pay for yard care, paid for a brand new hot water heater recently because the other one died and there was no insurance. I am doing business from the house, and awaiting a business license that will be run from the home. I have another house that I put as my exemption but now, I want to make the house they are trying to lift the stay as my primary residence for business reasons and because of a disability I have and am unable to easily get up all the stairs to the house i exempted. however, my grown children live in the exempt house as well as renters. Really, if I could just find the codes or wording for them to prove they are secured and have standing, that would suffice, because they would not be able to. They have an assignment deed of trust, but it is one from a gumball machine.

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mmdesq

Attorney

Doctoral Degree

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898 satisfied customers
Should a foreclosure that has had a recorded NOD, Notice of

Should a foreclosure that has had a recorded NOD, Notice of Trustee Sale, and the property has had an assignment Deed of Trust within one year immediately preceding the filing of BK be put on #4 of Statement of Financial Affairs?

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They have sent me mod packets after I filed, does that violate

They have sent me mod packets after I filed, does that violate the stay and every month they list it at auction and I have mult investors ringing my bell and going in my yard, does that violate the stay. I have tried to ask who I can talk to and after all these months they say no attorney has been assigned to my case

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Wow thanks I read those rules and then some. I dont understand

Wow thanks I read those rules and then some. I don't understand why you said "the unrecorded first lien does not need to be stripped off for the reasons mentioned" in your 10:02 am post. Because Wont they try to enforce after bk discharged with equitable subornation? Or before like during my motion?

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TJ, Esq.

Juris Doctor (JD)

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10,342 satisfied customers
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