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Recent Proof of Claim questions

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

20,270 satisfied customers
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

952 satisfied customers
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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38,838 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

952 satisfied customers
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

2,910 satisfied customers
My company sued a person (lawyer) for fraud back in February

My company sued a person (lawyer) for fraud back in February of this year and we had a trial date set for this week. The day before trial, the defendant filed a chapter 13 petition. As part of his petition, he lied about how much debt he has (we know this from the evidence and his testimony in our case to date) and he also did not disclose the existence of our fraud lawsuit against him to the bankruptcy court.The meeting of creditors is set for mid Jan. 2017...are we allowed to reach out to the trustee and let him know the facts that show he filed a fraudulent petition?

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NYCLAWYER

Attorney

Juris Doctor.

39,240 satisfied customers
In a 3 year bankruptcy Chapter 13, can mortgage lenders

In a 3 year bankruptcy Chapter 13, can mortgage lenders assess legal fees and penalties to your mortgage since you are not getting statements? In our case, payments were made timely, before, during and after the filing.

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Terry L.

Partner

Doctoral Degree

2,910 satisfied customers
I have a question about a discharge in bankruptcy under

i have a question about a discharge in bankruptcy under chapter 7. the mortgage note was discharged in bankruptcy. no asset case. This occurred in NJ the creditor never objected to the bankruptcy. The creditor took the discharge of the debt, the house reverted back to us the borrower. They could have taken the house and sold it. Did th creditor unjustly enrich themselves for a deb that was discharged.

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TJ, Esq.

Juris Doctor (JD)

11,474 satisfied customers
I've asked questions before about loaning money and got very

I've asked questions before about loaning money and got very detailed answers. One question that I have now is: how do I protect the loan that I gave to a business against bankruptcy? I have been told here by another attorney to, in addition to other liens, to alook lien on accounts receivable but does that protect against bankruptcy?Thank youKevin

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Phillips Esq.

Attorney

Juris Doctor

20,270 satisfied customers
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