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Recent Proof of Claim questions

I have leased home solar panels from Sungevity and received

I have leased home solar panels from Sungevity and received a Form 410 Proof of Claim (US Case # *****). The basis for my claim is the 20 year lease (I am into the 3rd year) includes Repair and replacement, daily monitoring via internet and an annual energy production guarantee. How do I quantify this in dollars for purposes of Form 410 Box 7 ("How much is the claim?")? My home is in NY State. Thanks for any recommendation.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

119,244 satisfied customers
I put down a $750 deposit to cover an air conditioning part.

I put down a $750 deposit to cover an air conditioning part. I decided I didn't want it - it had to do with a new house smell which gradually improved. I asked for return of my money or the part, so I could try to sell it. The president of the company went bankrupt, and it was transferred (I think) to his company. I was told by his lawyer not to contact him. Do I have any recourse, like maybe I was not listed in bankruptcy court as a person owed money. This person now has another HVAC company.

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NYCLAWYER

Attorney

Juris Doctor.

43,314 satisfied customers
State of Idaho. If I include payments to my state Tax

State of Idaho. If I include payments to my state Tax Commission, in my chapter 13 bankruptcy plan, does that mean I give up my legal right to challenge the validity of their tax claims?

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DrakeLAW

Juris Doctorate

1,472 satisfied customers
Is there a statute that allows a party being sued by a

Is there a statute that allows a party being sued by a Debtor in possession in a court outside of bankruptcy court (where the lawsuit is filed after bankruptcy was filed by the debtor) which allows the party to file counterclaims against the debtor? Or does the automatic stay prohibit this for some reason?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

119,244 satisfied customers
Can a bar complaint be filed on a debtor's lawyer (by a

Can a bar complaint be filed on a debtor's lawyer (by a creditor) if it can be proven that the lawyer for the debtor filed schedules that have knowingly false information about the debtor, such as reported income and tax liability amounts?

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Ely

Counselor at Law

Juris Doctor

69,922 satisfied customers
My company is a creditor in a Chapter 11 bankruptcy. In

My company is a creditor in a Chapter 11 bankruptcy.In addition to claims that my company has against the debtor, myself personally also has a claim to file related to myself being at least a 50% owner in a patent application with the debtor from back in 2012. I noticed that the debtor did not list this specific patent application as an asset on his final schedule that he submitted and there is also no mention of him transferring his partial ownership to any of the 'sham' LLCs he has been using...Am I precluded from filing a personal proof of claim form since my company is already listed as a creditor?

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TJ, Esq.

Juris Doctor (JD)

12,076 satisfied customers
If a debtor in a Chapter 11 case is making a claim of

If a debtor in a Chapter 11 case is making a claim of partial ownership on another party's patent portfolio, and a trustee gets assigned to manage the estate in the chapter 11 and the trustee makes the decision that the debtor's estate does not have any partial ownership on the patent portfolio (or the trustees waives any ownership on the patent portfolio).....is the debtor allowed to 'undo' or disagree with the Trustee?

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TJ, Esq.

Juris Doctor (JD)

12,076 satisfied customers
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

1,472 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

1,472 satisfied customers
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