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I am in a bk ch 13 and i recently objected to a POC with

I am in a bk ch 13 and i recently objected to a POC with respect to a promissory note, the objection was over ruled, so i filed a notice of appeal, my question is can i still file an adversarial proceeding to test the validity of the DOT (lien) ? my concern is that by filing an appeal does that divest the district court of jurisdiction of the matter, and therefore enabling my complaint to be heard?

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DrakeLAW

Juris Doctorate

 
314 satisfied customers
Here's some background on a complicated

Hi! My name is Sara,Here's some background on a complicated situation. My Mom sold her house back in September of 2015. She received about $60K from the house. She owed my brother $35K that she used to make the house payments and repairs on the house until it was sold. She paid back my brother the $ 35K promptly. Now she has only $25K left (which is in my savings account) and no other assets. Not even her car (it's worth about $2000). She is on a limited income. $1300.00/ month. This is the problem. She owes Chase credit card company $22K. That is her only debt. I would like her to be able to hold onto as much as the $25K as possible. So here's the questions…1) If she could file bankruptcy (Ch. 7), all her creditors are supposed to be treated equal, correct? I wouldn't want any problems in regards ***** ***** loan that was repaid to my brother. Is there a certain amount of time that could pass where what she repaid to my brother would not be involved in the bankruptcy? And the $25K she has in my savings, would that end up being discovered anyway during the bankruptcy process?- OR –I have been trying to work with Chase for a settlement on her credit card. I have spoken to them three times so far. Of the $22,000, they will only come down by half. She's had this card since 1997, and have always been in good standing. So I lied, and said that she only had $6000 in an IRA, and that is all, in order to try to get them to settle for a fourth. That was a no go. So when I talked to them a third time I said I could give $2000 to make it $8000 which would be a third. I want her to be able to hold onto as much of the “house money" as possible. When I went through a settlement, it wasn't this hard. But I didn't have Chase. I read up on this topic and it sounds like credit card companies will settle for a third?1) I am concerned that if we don't give them what they want, they might sue. Chase did not mention that. They said it could go to collections. Is there a possibility that they might sue for the total amount of money my mom owes them? If they did sue her, could they force her hand to turn over financial records relating to all of this?2) If it went to collections, can they sue? Or could she just leave it there on her report as a collection. She's going to be 68 soon. My brother or I can help her if she would need credit.So, which is the best option here? Do I have any leverage to keep telling Chase that a third is all she has? Or could Bankruptcy work to help her keep all of it?A primary concern is that my brother would have to give back the $35K because of Chase.Thanks for your time

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Guys - I am presently undergoing a chapter 13 bankruptcy

Hi Guys - I am presently undergoing a chapter 13 bankruptcy in New Jersey and my mortgage lender is contesting the foreclosure stay. We owe approximately 68000 to our lender, of which 34000 is escrow. While we never formally set up an escrow account, we were in arrears on our real estate taxes a few years back, at which time the lender stepped in and began paying them for us. When we inquired about why this was happening, the lender explained that whenever a client was behind they took that action. However, they also could not confirm that we even had an escrow account, which all leads to a strange situation. In the paperwork they just recently filed, they are indicating the amount in question is 34000, which is the principle amount. There is no mention of the sums related to escrow. To be clear, we attempted to pay the real estate taxes ourselves last year and the check came back to us.Sorry for the long set up, but I wanted to flesh out the particulars before asking my question. Our bankruptcy is being discharged in November and we've been working and saving with the intention of sending them a lump sum around late October. Their recent request to wave the stay of foreclosure obviously makes that whole process more difficult. Thus, I am going to file a response through my bankruptcy attorney requesting that we send along a good faith payment of $20000 and pay the remaining 14000 they're requesting over the next six months (in addition to keeping current on my mortgage, of course). My concern is: when do you think I can expect to hear about the escrow amount? Is this likely some sort of clerical mishap that may come up before long, or is there some legal mechanism related to bankruptcy by which the escrow is not pursued until the Chapter 13 is discharged. My bankruptcy lawyer seems a bit mystified that the sum is not mentioned in their paperwork, so I am seeking additional guidance. Thanks in advance for your help.

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My brother needed some money so I allowed my property to be

My brother needed some money so I allowed my property to be used as collateral for his loan of $80,000. He has repaid most of the loan but a recent divorce has reduced his income significantly and he cannot afford to pay all of his debts. Can he file bankruptcy and reaffirm payment of the loan secured by my property?

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37,590 satisfied customers
I have a small Sole Proprietorship and I am being sued in

I have a small Sole Proprietorship and I am being sued in Administrative Court over a Workers Comp issue. I don't think I will lose but in case I do, I need to know what I can do to stay in business. I have very little cash so if my equipment is takenby a judgment creditor, I will not be able to operate and certainly would have no money to try and settle the judgment. I have spoken to my Uncle about borrowing money to deal with this. He said he would need to have my equipment as secured collateral. CanI ask my Uncle to loan me the money to deal with the lawsuit and create a security agreement to encumber all of my assets until the loan is paid off? This would give me the money for the lawsuit and allow me to continue operating my business. However, I wantto make certain that I don't get accused of Fraudulent conveyance. I have read about the subject and I am concerned about “Badges of Fraud” as follows: • Becoming insolvent because of the transfer; • Lack or inadequacy of consideration; • Family, or insiderrelationship among parties; • The retention of possession, benefits or use of property in question; • The existence of the threat of litigation; • The financial situation of the debtor at the time of transfer or after transfer; • The existence or a cumulativeeffect of a series of transactions after the onset of debtor's financial difficulties; • The general chronology of events; • The secrecy of the transaction in question; and • Deviation from the usual method or course of business. If the fair value of my totalassets are about $50,000, and the loan is also $50,000, would this be a legal transfer? Or because of the pending suit and the fact that he is my Uncle, and I would still retain use of the assets to operate my business, would such a transaction be consideredFraud?

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RONB-ESQ

Juris Doctorate

 
716 satisfied customers
In my last question I inquired, "If a judgement creditor executes

In my last question I inquired, "If a judgement creditor executes on a personal residence do they have to pay all of the superior loans in order to take title?" As you answered, they have to pay off all superior loans in order to get anything. My question is a little different. I want to know whether they have to pay off all the superior loans in order get title. In an execution that does not involve a primary residence with a homestead exemption the judgement creditor is able to take title subject to superior loans. I want to know if that is possible where a homestead exemption is present.Read more: http://www.justanswer.com/account/my-questions.aspx?rpt=2200#ixzz3uKA09xU8

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I hold a promissory note for $115,000. Can i get liens on his

I hold a promissory note for $115,000. Can i get liens on his property from a court to hold for collateral. I have no collateral at this time.

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4,348 satisfied customers
If I received a chapter 7 discharge and there was a

If I received a chapter 7 discharge and there was a promissory note with no collateral involved but the note contained other terms to be completed by the creditor, is the creditor obligated to meet the terms of this note or does the entire note all the terms become unenforceable, cancelled or abandoned because the deb portion of the note was discharged?

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Roger

Litigation Attorney

Doctoral Degree

 
32,864 satisfied customers
I am trying to sell my house to a couple that can not get

I am trying to sell my house to a couple that can not get approved for enough money. I own the house outright so I don't have a mortgage on the property. They can get approved for $120,000 but the purchase is $175000. The wife is a hairdresser so since she is self employed and much of her income is cash it doesn't help the loan. If I were to finance the $55K as a second mortgage how could I be protected so if they defaulted on the loan I would still own part of the house? What is the legal process with a first and 2nd loan is on the house? I am assuming the bank with the first mortgage would get their money first then I would get my money if any equity is left?

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Roger

Litigation Attorney

Doctoral Degree

 
32,864 satisfied customers
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