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Relevant facts: -I am a 'pro se' ch. 13 filer. -My 4th

Relevant facts:-I am a 'pro se' ch. 13 filer.-My 4th amended plan was confirmed by the court very recently.-Also recently, my mortgage lender filed a motion for relief from stay (which I expected as I was in arrears post-petition by 4 months when they filed). The morning of the initial hearing on the matter - held 8/25/16 - I discussed entering a consent order with the mortgage lender's attorney. We communicated this to the judge and he set final hearing for 9/22/2016 (this coming Thursday morning). (At that time, the judge told me that if I could not come to some sort of agreement with my lender then I could present - at the final hearing - whatever evidence I want him to consider for denying their motion to lift the stay).-I have the order in hand (they sent it to me last Thursday and followed up today asking if I agreed with it) but have not signed yet because I have a couple of questions. The 'Order Granting Modification of Stay' stipulates that I am to begin making regular monthly payments starting 10/1/16. Monthly catch-up payments will commence on that date as well (I will have 9 months to cure the arrearage). The source of funds is a gift from my spouse (we are separated currently).- According to nolo.com, "the court is predisposed to continue the bankruptcy protection." Also, "Since property used as collateral must be paid for or returned during bankruptcy, the court will normally lift the stay unless the debtor can bring the payments current or show another good reason to deny the motion (for example, the debtor will use one of the available methods for dealing with secured debts in Chapter 7 bankruptcy, .....*****or the debtor has provided for payment of the debt in a Chapter 13 repayment plan)."Questions:- Is simply modifying my current (confirmed) plan to provide for payment of the post-petition arrears (using the gift funds from my spouse) a viable option for me? Is it really very likely the court would go along with that? I would need to file my modified plan tomorrow if this is a good defense. My total arrears is $5426.48, of which $1676 are attorney's fees.-The lender's initial filing included an exhibit - a tax assessment - that was not actually for my property (it was for another condo in my building) yet represented as such (in other words, they made a mistake). Is this a potentially 'fatal defect'....possibly necessitating re-filing if I bring it up to the judge? (I did mention the defect to the lender's attorney prior to the initial hearing and she replied with "well that's actually good for my client because the tax assessment in the filing is higher than what yours actually is (I had told her mine was less) ...which means they have a smaller equity cushion.....(I understand this but the point is there is an error in the filing).I have a few other questions but would like view your replies to these first.

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Whitney, Esq.

Attorney and Counselor at Law

Juris Doctorate

168 satisfied customers
The facts are as follows...The potential Debtor has

Hello:The facts are as follows...The potential Debtor has substantial equity in his home that is well over the state exemption level. The Debtor also has substantial student loan debt. Can the debtor go use a home equity loan to pay off the student loans and in turn minimize the amount of equity in the home for bankruptcy purposes? The Debtor proposes to do this right before filing his petition.

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Terry L.

Partner

Doctoral Degree

2,866 satisfied customers
I filed a chapter 13 back in 2011 on a 60 month plan. the

i filed a chapter 13 back in 2011 on a 60 month plan. the whole reason for having to file it was about $50k IRS debt that the interest and penalties were accruing so fast on it could never be paid. now im a few months from discharging it and i get a letter from the irs saying i still owe them $37k of that debt!! i looked at the plan and it states under IRS that 50k was scheduled, but only $13k is listed as claimed and that 13k has been paid 100%. so my questions are 1. what is the differance between scheduled and claimed 2. can the irs continue to claim debt that was part of a chapter 13 that was fully paid? isnt that the whole point of bankruptcy? to allow debtors to fully discharge their debts in 60 months and then start over?

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Whitney, Esq.

Attorney and Counselor at Law

Juris Doctorate

168 satisfied customers
When filing for bankruptcy as a business, which is an llc.

When filing for bankruptcy as a business, which is an llc. How does it affect you personally? Credit, assets, etc.

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legalg

Juris Doctorate

13,762 satisfied customers
List of facts & in need of resolution 1. dissolution

list of facts & in need of resolution1. dissolution petition filed last year2.spouse filed chptr 13 in the middle of divorce-stopping it- in late 20153. in bk court for 9 months- with no payments being made by spouse4. finally dismissed-but now all property in jeoparday- spouse being very difficutl-attempted to get him to sign loan modification he said no5. stay lifted-however-judge put divorce case on hold until 1-176. i was forced to file chptr 13- 2 weeks ago to save houses, vehicles, etc.7. however since spouse has 1 vehicle that is in his name only- and my daughter drives the car-for college- and he didnt pay on it during that 9 months- it was in his bk- however before this "bad faith Bk13"car payments were in good standing- now approx. 12k in the rears-8. since car in his name-i was told cant put it in my chapter 13-is this true?- if so what can we or I do?-since spouse is the one who has me under duress?9. please dont say go to family court the divorce judge is cluless- can a motion be made with bk court- letting the bk judge know that i was forced into bk13-by spouse- while going through divorce-and how the vehicle in question needs to be put in my bk13-10. final question for you is can i put the vehicle on-since i did inform the bk court that spouse is a codebeor? and how do i get the information that the reason why i am in the bk13 court is because of spouse's fiduciary misconduct?

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TJ, Esq.

Juris Doctor (JD)

10,816 satisfied customers
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?

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TJ, Esq.

Juris Doctor (JD)

10,816 satisfied customers
Wife and I have been separated for 4 years, divorce in

Wife and I have been separated for 4 years, divorce in progress, we filed bankruptcy and 13 she reaffirmed her vehicle. The note was only in her name. She abandoned the car over a year ago the credit union is trying to sue her for the difference from the sale of the car. My name has been attached to the suit. I have no connection with this note or the car. What do I have to do to get out of this. We are in Arizona and had no community property at the time of bankruptcy

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DrakeLAW

Juris Doctorate

622 satisfied customers
Last 12 months of Chapter 13. Mother died 3 months ago. The

Last 12 months of Chapter 13. Mother died 3 months ago. The will assigns me one fourth of the estate (sale of her home). Any way not to sacrifice this inheritance to the court? Will is currently in probate but will be finalized in two months. No unknown claims against the estate predicted. Can I petition the court to pay back about 80% of original debt instead of the 28% according to plan. All secured debtors have been paid.

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DrakeLAW

Juris Doctorate

622 satisfied customers
Just had a positive consultation/meeting with attorney about

Just had a positive consultation/meeting with attorney about Chp.11 for business. However, its going to be very expensive,but I need it. Most attorney's want it all up front (30K), but I am up against an immediate time frame to file. I am thinking about filing it myself to secure the automatic stay, and then hire the attorney shortly thereafter once I have all the money....What do you think?

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Maverick

Doctoral Degree

6,784 satisfied customers
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