Bankruptcy question. • An unlawful Detainer action is
Bankruptcy question.• An unlawful Detainer action is currently in play.• One of the Defendants in the eviction was in a bankruptcy before the filing of the UD. Took place.• The Bankruptcy has just closed.1.) QUESTION: Even though the BK has now expired the Defendant can still bring a motion inthe UD court to dismiss the UD case base on the fact that it was filed during the time that the Defendant was in a BK. CORRECT?2.) ALSO even if Plaintiff was not advised of the BK, the UD would still need to be dismissed? CORRECT?
Its not really a bankruptcy question. Its more on
its not really a bankruptcy question. Its more on garnishments and judgments. Is Mr. Terry still the right lawyer to talk to?JA: What state are you in? And has anything been officially filed?Customer: Arkansas. and yesJA: Have you talked to a lawyer yet?Customer: nobody open on the days im available. I live in rural arkansas and we literally have 2 lawyers. One is half deaf :/JA: Anything else you think the lawyer should know?Customer: Does Mr Terry deal with garnishments & judgements or?
I declared a chapter 13 bankruptcy in 2009, however I did
I declared a chapter 13 bankruptcy in 2009, however I did not include my home in the bankruptcy.I have made regular payments to my mortgage lender--CitiFinancial--without missing any payments since I declared a Chapter 13 bankruptcy IN 2009--I did not include my home in the bankruptcy. In June of this year--2016--I recieved a letter from CitiFinancial stating in the letter that they were transferring my mortgage to Bayview Loan Servicing. A few fays later I recieved a letter from Bayview stating in the letter that they would be my new mortgage lender. And that is the last I heard from either lender. CitiFinancial deducted my mortgages from my bank account automatically and the last deduction was in May of this year--2016. I am concerned about foreclosure--any advice/help you can give me would be greatly appreciated--Thank you
I have another Bankruptcy question that has arisen and am
Hello,I have another Bankruptcy question that has arisen and am looking for help. My office is a govt agency that is a division of the CalEPA. Lets assume our claim is a non-priority claim. A company owed our office $30,000 from many, many years ago and then filed a chapter 11 bankruptcy in 1991. We therefore filed a Proof of Claim for the amount of money the company owed our agency. In 2010, the BK was converted to a chapter 7 case and the docket says "voluntary" and "assets". The docket also says "debtor disposition: discharge is not applicable" and that the BK was later terminated on 12/15/15.1. Hence, what happened to our Proof of Claim, meaning why didn't we get any payments? 2. Also, since this company is still in business today, could we still go after them for the money they owed us through regular collection efforts?
Can a confessed judgment promissory note that is based on
Can a confessed judgment promissory note that is based on fiduciary defalcation and breach of fiduciary duty or will the bankruptcy court honor the terms of the confessed judgement promissory note (for either chapter 7 or chapter 13)?
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.
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?