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Recent bankruptcy law questions
Usually my questions are 1-2 sentences....you need the facts
Usually my questions are 1-2 sentences....you need the facts and last hearing info with my questions to answer (may need to talk plus have timeline of events/action that will describe better if can send you...will help explain these questions.1) How can Plaintiff get a judicial default when based on a Motion that was not even part of this hearing; I didn't even bring my Motion that countered that to the hearing as it wasn't on the list to be discussed.2) When case was dismissed in 12/2013, did Plaintiff need to go back to bankruptcy Court before re-sueing in 5/2015…seems everything I read on Cases that Federal Court and Trustee are in charge3) In the Motion in Court to Preclude Defendant's In Rem…the same issues brought up in this were ones that I refuted in the original response (4/19/15) to the Motion to Strike (4/7/15). Court above at hearing only took note of 4-7 Plaintiff Motion and as stated DID NOT ALLOW DEFENDANT TO BRING UP ANYTHING…minutes not attached by I got 1 minute of 25 minutes. All issues were quickly discarded by Plaintiff and the Judge citing only cases that agree with their side…Judge allowed nothing else. (those cases are very recent in FL…refute case law in 49 other states and federal court…just like the bs with 5 yr statute limitations going on in FL)4) Also…documents that I go after bankruptcy stated among other things that Plaintiff must be valid creditor…my affirmative resp have evidence that in any jury trial they'd hang Plaintiff5) Last, Judge asked Plaintiff if it was cross-noticed (Plaintiff affirmed) (WHAT DOES THIS MEAN…what action would plaintiff need to take to accomplish) when I kept complaining about where this Motion to Preclude Defendant was basically illegal in these proceedings6) Judge thought this might be contested and he should leave for others…interesting comment…WHY7) Other thoughts helpful on how to contest, what to file?
I just paid off the balance due on my ch 13 plan according
I just paid off the balance due on my ch 13 plan according to the amount that the trustee quoted on the record in court. A Notice of Discharge was filed. I am without an attorney, so pro se. I am preparing to file my affidavit and certificate of financial management.I have an action filed in State court regarding my mortgage and the title to my property. I am prepared to pay off my entire mortgage, but there are issues with the title that I find and have been unable to get any clear answers since 2011. I have not made but a few post petition payments that included a paying in protest letter with each and my intention to file in State court quiet title unless they can provide some valid chain of title. I have kept all $ in a private account until answers are provided by the mortgage company and things are resolved in State court.So, now I come to learn today that the mortgage service has filed a 4100r for collection of $19,400 on post-petition arrears payments. The trustees office tells me that as far as they are concerned, my plan has been completed. And, the bk clerk didn't seem concerned about the 4100r, and told me just to complete the documents to get my bk13 discharged.This affidavit is asking if I paid all required in my payment plan. Have I? According to the trustee, I paid what he said was owed on my plan, he filed a Notice of Discharge. The judge is aware of my action in State court and said on record that the BK court is very "sympathetic" to my problems with the the mortgage company.The mortgage attorneys are telling the state court judge that my plan has been dismissed, and I have corrected them several times that it was not dismissed, but discharged.IF this trustee is now telling me that "as far as we are concerned" you completed your plan, what happens with this 4100r?
Looking at my options to file ! : No. I was just doing
Looking at my options to file for bankruptcy!JA: The Bankruptcy Lawyer will need to help you with this. Have you consulted a lawyer yet?Customer: No. I was just doing research on it firstJA: Please tell me everything you can about this issue so the Bankruptcy Lawyer can help you best. Please give me a bit more information, so we can help you best.Customer: I have over 19,000 dollars in credit card debt, student loans, personal loans, I recently bought a house with my ex and I am no longer living there so I go a place I could not afford and started paying bills and using my credit cards for help, now I am struggling paying it back and falling behind on rent and car psymentsJA: OK. The Bankruptcy Lawyer will need to help you with this. Is there anything else important you think the Bankruptcy Lawyer should know?Customer: Like?JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Bankruptcy Lawyer about your situation and then connect you two.
I am the debtor in a Chapt-13 petition (60 month proposed
I am the debtor in a Chapt-13 petition (60 month proposed plan). One of the creditors filed a proof of claim (POC) and it is now in current adversary proceeding (AP). During the AP's initial discovery, it has been disclosed that the attorney and his law firm who filed the Proof of Claim, had no legal capacity to have done so for the creditor. (Q1) I understand I can file with the Court an objection to any POC, presumably at any time? (Q2) If the Court agrees the POC is "null and void"...what becomes of the current AP matter? Is it dismissed as no foundation was filed? (Q4) Does it become res judicata for the creditor as to any future claim against me... as they hired/retained wrongly with the attorney? Thanks.
We received a dismissal letter chapter 13 bankruptcy,
We received a dismissal letter for our chapter 13 bankruptcy, says for failure to file an amended plan. It does give us 2 weeks to file an appeal. Does this mean we did something wrong? OR did our attorney mess up?
We filed 7 and the house was included but
Hello. We filed for chapter 7 and the house was included but Chase bank did not want to reaffirm. We have been paying to live in it for the past 3 years. We went for a FHA mortgage but we can't get one because our names are ***** ***** the deed to the house we have been living in. So how do we get our names off the deed so we can buy the house we love? Thank you
To: ***** ***** a constitutional right of a debtor to
To: SocrateaserIs it a constitutional right of a debtor to have at least 21 days advance notice if a trustee wants to sell off a debtor's property in a chapter 11 BK--------even if the case is insolvent?Is there case law that would allow a sale without notice and without 21 days notice?Is Rule 2002 appropriate?Can the Court find a reason to sell with an order shortening time and allow a trustee to avoid giving notice or find another way of giving notice?Does Fed R. Bankr. P. 2002(a) (2) allow a sale without 21 day notice?Most of trustee selling off property is based on bap ruling which had noting to do with sales
So simply, The judgement stays on the credit record but should show a zero balance. CorrecView more bankruptcy law questions
So simply, The judgement stays on the credit record but should show a zero balance. Correct?Also how long does the judgement stay on the record and can I pay it off to get the judgement removed ($400.00). Is it worth? We were almost to 700 and dropped back to 650 (credit score).Just re read the dates: Let me give you a timeline.Judgement awarded on the 3/08/2016We were to appear on: 3/09/2016Paper says 21 days to respond 3/29/2016Court received BR7 paper 3/28/2016