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Recent Petition questions

I recently submitted my ch. 13 but i got a letter in the

hello. i recently submitted my ch. 13 but i got a letter in the mail from trustee saying that a review of my ch. 13 petition and plan indicates that the information you provided is not sufficient. no other details, but he sent me a Questionnaire about my bankruptcy petition preparer (a yes/no kind of questionnaire about services they provided).1. why wasn't anything written about why it isn't confirmed?2. is questionnaire sent back to the trustee all that is needed?3. do i need to submit my taxes and pay stubs together with the forms? because i thought that i was something i do once the trustee asked for it AFTER i submitted my documents.

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Terry L.

Partner

Doctoral Degree

2,928 satisfied customers
In personal bankruptcy, what can they take? If you have a

In personal bankruptcy, what can they take? If you have a house and a lot of little things in the house like furniture, clothes, books, etc. All the personal things people normally have that wouldn't typically be worth much to other people, would they look to sell all of that stuff and put the person out on the street or is there a certain amount of property one is expected to be able to keep?

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Rovena Andoni

Juris Doctor

18 satisfied customers
For DrakeLAW****, To recap - 1) I am 11 months into a

ForCustomer***Hi, Rich,To recap -1) I am 11 months into a Chapter 13 bankruptcy. My plan has been confirmed and an order on the Trustee's Motion to Allow Claims has been issued.2) My schedules include pre-petition debts owed to my condominium association. For a portion of the debt, the association obtained money judgments (one in 2013 and one in 2014). That portion totals approx. $19,500 and I scheduled it as secured debt. The remaining portion of the debt is approximately $10,500 and the association had neither obtained a money judgment nor recorded a memorandum of lien for the debt at the time I filed bankruptcy. Therefore, I scheduled it as 'unsecured' debt. The association has not submitted proofs of claim for the secured or unsecured debt.3) In our prior conversation on the subject, you raised concern as to whether the unsecured debt would somehow attach to the prior debt for which they obtained judgments. I am still unclear on this as I don't think we reached a conclusion. I will attach some documents that hopefully will help to reach a conclusion.4) I found language in the condo docs that indicates that a new purchaser of a unit is 'jointly and severally liable with the selling unit owner' for all unpaid assessments up to the time of sale. In the context of my bankruptcy, I wonder if this means that anyone who purchases my condo could still be pursued by the association for payment of the unsecured portion of the debt (even if it is discharged for me personally)? As for the legal technicalities for something like this - I believe it would be too late for the association to record a memorandum of lien for the debt (b/c Va code requires that such lien be filed within 90 days of the first assessment becoming overdue).....but could they still pursue a new owner for a money judgment? (This of course will affect the marketability of my unit you see!).

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DrakeLAW

Juris Doctorate

1,064 satisfied customers
I meant $5,442 for Trustee's fee from previous inquiry. So,

I meant $5,442 for Trustee's fee from previous inquiry.So, as you know now I have 2 unsecured creditors. Student loan ($7,381) and a CC ($1,025). And also, yes I have 1 Secured Car (the monthly payment, which I am ON-TIME for every month is $576.47). My mortgage arrears is $54,427.74.Now I am confused because I only factored in my Mortgage Arrears into my Plan, and the Trustee's fee.....My TOTAL MONTHLY TAKE-HOME PAY AFTER TAXES IS $6,350. MY WIFE'S IS $1,000 SO TOTAL MONTHLY INCOME IS $7,350. RIGHT NOW, I HAVE MY TOTAL MONTHLY EXPENSES FROM SCHEDULE J AT $6358.69. I WANT TO DO 5 YEAR PLAN.Please help, sir. You are life-saver.

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DrakeLAW

Juris Doctorate

1,064 satisfied customers
I am filing a Ch. 13 Bankruptcy. Most of my paperwork is

Hi, I am filing a Ch. 13 Bankruptcy. Most of my paperwork is ready and I just had a quick question about what files I need to bring with me to the bankruptcy courthouse the day I file:So do I just bring all of my prepared BK paperwork, including my Ch. 13 Plan, tax return from most recent year, and my certificate of completion for the pre-filing course I took? Am I missing anything - i.e. do I need to also bring them a copy of my credit report, checking account statement, OR ANYTHING LIKE THAT??? Or do I just bring all my Ch. 13 paperwork, my Ch. 13 Plan, my certificate, and copy of my tax return???

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DrakeLAW

Juris Doctorate

1,064 satisfied customers
I am filing a Ch. 13 Bankruptcy. My main debt is SECURED -

Hi, I am filing a Ch. 13 Bankruptcy. My main debt is SECURED - (a) my mortgage arrears (over $50k) and (b) car a loan. I am almost done with my BK paperwork. However, I have two quick questions:1. I just pulled up my most recent credit report and I realized that I did not list around 4-5 UNSECURED accounts which all have really small balances. I'm pretty sure a couple of these are Credit Cards with balances of only $500, but they are listed as "OPEN" on my report (obviously I completely forgot about them when I was doing my BK paperwork. So my question is, am I REQUIRED TO LIST EVERY SINGLE OPEN ACCOUNT (VIA WHAT IS LISTED ON MY CREDIT REPORT) for the BK papers? What happens if I don't? Like I said I completely forgot about them and the balances are very small. Like I said before the main reason I am doing Ch 13 Bankruptcy is because of my mortgage arrears...2. Also, is it okay that I am filing by myself and NOT jointly with my wife since my purpose is to pay off my mortgage arrears and my wife and I are BOTH on the mortgage.Thank you very much.

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WALLSTREETESQ

Attorney

Doctoral Degree

18,170 satisfied customers
I asked you the question a while ago about the 401K / $44K

I asked you the question a while ago about the 401K / $44K check. As it turns out, the Debtor is NOT a 100% plan, her unexempt assets including the $44K check equals about $53K. If she pays $53K can they take away her cash? The unsecured debt is about $100K. Thank you in advance for your assistance.

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Maverick

Doctoral Degree

7,420 satisfied customers
BANKRUPTCY: Debtor filed Chapter 13 Pro Se (completed forms

BANKRUPTCY: Debtor filed Chapter 13 Pro Se (completed forms without assistance) and now want to convert from Chapter 13 (filed 11/15/2016) to Chapter 7; and still owes $77.00 of the court filing fee.1. Do we show the Chapter 13 case number ***** the new forms for the Chapter 7? We have to correct most of the forms since they were prepared improperly; OR do we show the CH 13 case number ***** on forms that are amended, and leave the case number ***** on new forms (Statement of Intention, and Bankruptcy Petition Preparer Notices and Declarations)?2. Does the Debtor pay the balance on the Chapter 13 + Conversion fee OR just the Conversion fee?

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DrakeLAW

Juris Doctorate

1,064 satisfied customers
In a Title Report, the bankruptcy search notes a record was

In a Title Report, the bankruptcy search notes a record was found a Chapter 7 bankruptcy that was filed 12/30/1999; Terminated 4/27/2000 and Discharged 4/21/2000. Given the bankruptcy statute of limitations pursuant to Chapter 7 bankruptcy, is it within the Mortgagor/Borrower's due process and civil rights to object that the Title Company does not comply with federal and/or state law, so that this information should be stricken/removed from the Title Report? (Please explain the legal basis and/or cite a relevant case.)

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

114,106 satisfied customers
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