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Recent Proof of Claim questions

If someone has filed a chapter 13 bankruptcy and then later

If someone has filed a chapter 13 bankruptcy and then later converts it to a chapter 11....how can a person (who was originally left off of the creditor list by the debtor) get onto the list of creditors?? The chapter 11 doesn't have a trustee at this point so who should be contacted???

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DrakeLAW

Juris Doctorate

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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

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I received a notice of bankruptcy from my ex husband. I am

I received a notice of bankruptcy from my ex husband. I am named as a creditor who has unsecured claims. It is domestic support obligation. Do I have to fill out the proof of claims form? If so what documents should I attach. They have it listed as $0 for the total claim but he still owes me money

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legalg

Juris Doctorate

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For DrakeLAW **** This question is about an unsecured claim

For DrakeLAW ****This question is about an unsecured claim within my current Ch. 13 bankruptcy.I am in arrears to my condominium association for approximately $13,000 in unsecured debt (it's unsecured because they had neither obtained a judgment lien nor filed a statutory lien at the time I filed bankruptcy).I properly notified the association of the initial bankruptcy filing and all subsequent filings. However, they did not file a proof of claim for the debt. The bar date for claims has already passed and the Trustee's Motion to Allow Claims has been entered as an order.I understand that this means the association will not be paid on the unsecured debt from my plan payments. Will the debt be discharged? Or will they still be entitled to collect upon completion of the bankruptcy?

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DrakeLAW

Juris Doctorate

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NOT A DUPLICATE I asked a similar question earlier but am

NOT A DUPLICATEI asked a similar question earlier but am looking for a second opinion.When filing chapter 13 bankruptcy, is a credit card company that has obtained and perfected a judgment lien against the debtor considered a secured creditor? Should the credit card company's claim in this instance be considered secured?

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Phillips Esq.

Attorney

Juris Doctor

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This question concerns objecting to a creditor's claim

This question concerns objecting to a creditor's claim within my Chapter 13 bankruptcy:American Express obtained a judgment against me for approx. $10,000 a few years ago. It's now recorded in the deed books so a lien has attached to my property. The claim that American Express filed incorrectly lists the debt as 'unsecured'. Does this create a legitimate basis for me to file an objection to ask for the claim to be denied as filed (unsecured)? It is too late for them to file another - secured - claim ... but they still are guaranteed payment from the equity in my property if/when it sells.

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DrakeLAW

Juris Doctorate

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I have a warrant in debt hearing scheduled for 1/5/17 that

I have a warrant in debt hearing scheduled for 1/5/17 that was taken out on a debtor on 12/5/16. The Debtor filed Chapter 7 on 12/27/16 which I received notice on 12/31/16. Does the hearing need to be stayed now?

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39,062 satisfied customers
We just got this from one company, they have an opened

We just got this from one company, they have an opened invoice of about $17,000.00 what should we do?Choxi.com, Inc. - Debtor's Motion Pursuant to Sections 105(A), 332 and 363 of the Bankruptcy Code [Docket No. 11], Declaration of Tracy L. Klestadt [Docket No. 12] and Order to ShowCauseScheduling Hearing on Shortened Notice [Docket No. 14]On December 5, 2016, the Debtor filed a voluntary petition for Choxi.com, Inc. (the “Debtor”) in the United States Bankruptcy Court for the Southern District of New York (Case No. 16-13131) seeking relief under the provisions of Chapter 11 of the United States Bankruptcy Code.Rust Consulting/Omni Bankruptcy is providing you with a copy of the attached document(s):Debtor's Motion Pursuant to Sections 105(a), 332 and 363 of the Bankruptcy Code and Bankruptcy Rules 2002 and 6004 (A) for an Order (i) Approving License Agreement with Stalking Horse Bidder on an Interim Basis, (ii) Scheduling Bid Procedures Hearing and (iii) Directing the Appointment of a Consumer Privacy Ombudsman, (B) for an Order (i) Approving Bid Protections, (ii) Approving Bid Procedures, (iii) Scheduling an Auction and Final Hearing and (iv) Approving the Form and Manner of Notice Thereof and (C) for an Order Approving License Agreement on a Final Basis or Sale to Successful Bidder Free and Clear of all Liens, Claims and Encumbrances [Docket No. 11]· Declaration of Tracy L. Klestadt Pursuant to Local Bankruptcy Rule 9077-1 in Support of Order to Show Cause Scheduling Hearing on Shortened Notice [Docket No. 12]Order to Show Cause Scheduling Hearing on Shortened Notice on the Debtor's Motion Pursuant to Sections 105(a), 332 and 363 of the Bankruptcy Code and Bankruptcy Rules 2002 and 6004 (A) for an Order (i) Approving License Agreement with Stalking Horse Bidder on an Interim Basis, (ii) Scheduling Bid Procedures Hearing and (iii) Directing the Appointment of a Consumer Privacy Ombudsman, (B) for an Order (i) Approving Bid Protections, (ii) Approving Bid Procedures, (iii) Scheduling an Auction and Final Hearing and (iv) Approving the Form and Manner of Notice Thereof and (C) for an Order Approving License Agreement on a Final Basis or Sale to Successful Bidder Free and Clear of all Liens, Claims and Encumbrances [Docket No. 14]

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DrakeLAW

Juris Doctorate

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I have some questions about selling my home during my

I have some questions about selling my home during my Chapter 13 case.I'm a pro se chapter 13 filer with a confirmed plan. I am considering selling my residence and I want to estimate the costs of withdrawing from the Ch. 13 and selling on my own vs. putting in a motion to sell the property and selling it during the chapter 13 case.Most of the debt to be paid through my plan is secured. First, there is my mortgage company (with arrears specified to be paid through my plan - the mortgage company properly filed their proof of claim). Then there are 2 liens from my condo association attached to the property (the association did NOT file a proof of claim by the deadline for these). Finally, there is a lien from American Express attached to the property (American Express filed proof of claim properly).. If I obtain approval to sell during my Ch. 13 case, how are disbursements to those creditors handled? Does the trustee pay them and get his % commission on those payments? Is he also commissioned on payments made to the real estate/legal professionals approved to be paid from the sale?As far as debt included within my plan that is not attached to my property, there is a $2300 crammed down title loan (the title loan company was noticed but *did not* file a proof of claim) and a $775 claim from a credit card company (they filed proof of claim properly). Will the trustee only pay the credit card company from the sale proceeds (as the title loan co. did not file proof of claim)?Finally, can you give me an estimated amount of time it might take for the trustee to disburse the excess funds from the sale to me? There is plenty of equity in the home to pay all of my creditors (secured and unsecured....though some have not filed proofs of claim).

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Terry L.

Partner

Doctoral Degree

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