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Recent Repayment Plan questions

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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LawInfo411

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I recently filed for Chapter 13 back in October of 2015. I

I recently filed for Chapter 13 back in October of 2015. I recently received a letter from the IRS stating I am being audited for tax year 2014. I am having trouble finding some of the items they are requesting.Being that I am in an open 5 year repayment plan with my Chapter 13, can they ask for payment on items back in 2014?

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Texas Atty

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I 't know if I've selected the correct lawyer - My mother

I don't know if I've selected the correct lawyer -My mother called me with a debt collector on the line, my mom hasn't handled any of here of here own finances 2002, she my dad passed, at the time she could of handle her own affairs but ask me to do it - today at 72 yrs old she doesn't has the ability. The last time this happen was in March when old tax bill that I forgot (I also had 3 strokes and on disability as well) from MA went several years with nothing and then a letter with to garnishment from the MA DEPARTMENT OF REVENUE was attached, we are in a repayment plan. I not trying to dodge a bullet. am correct in I state and federal taxes can attached social security & pension ?My mother does get social security and a widows pensions from my father whom worked for GM. She had nothing in the bank, no savings not a dime and live paycheck to paycheck, over the last few years when I got sick and they garnishment my wife she helped us paying for our childrens day care so I could go to physical therapy to learn how to walk and talk again, She doesn't even on a car, she , she lives very modestly about 3 hrs away and on her own (something I am not sure that she will be able to continue to do) she is in poor health and really has nothing. The debt service call was about a judgement in 2010 for $16000 , I'm not quite sure how, I believe it was through 'default' - in the past I have appeared for her and handle these things but I can't remember this one, neithern can she - I have looked at the court records and the debt was filed one in my county not hers (Port St Lucie) it states she was spoken to by phone - I know it doesn't matter that neither of us remember this account or the court hearing because the have a judgement -which there trying to collect on it. Of course I can't settle the judgement because I can't payout a lump sum or have the ability to make a reasonable effort to make a payment arrangement on the judgement, apparently at the time I / we was paying a $100 a month on the debt but I stopped that was all they would tell me, she owns her house she is upside down in, her credit is aweful - while I was on the phone with the debt agency she stated "she has good credit, she owns a house, she has a car ' and trying to tell her this isn't true, but of course they don't want to hear it. The judgement paperwork states speaking with her the phone at the time the hospital for 22 months after a car accident I think that's why no remembers this debt or the account it's attached to, but I do know I can't fight the judgement and even if I couldn't I don't have the money for legal representation. So I have no idea what to say, we have always tried to help each other,my wife and I are racked up to our eyes with our own debt issues and we have just recently had to make several repayment deals because while I'm disabled it is tough for them to attach me (and my mother was disabled before she hit retirement age) but my wife keeps getting garnished and we keep paying because we can't come up with a bulk amount to start a better repayment plan and the cycle keeps going, I just wanted to give you a better scope of what is going on, if I had it's I would give it to her, my mother even gets meals on wheels I would sincerely ***** ***** as I did tell the debt agency collector I would contact her today, can they just 'dig up a judgement ' any time and force collection ? Should I tell them she is paying a state tax lien, the state / gov garnish social security wages ? I have nothing to offer I can't even make a constructive repayment schedule. I would tell her to go to bankruptcy court and file but I am afraid that she won't pass the way and means tests as I have run the numbers and she barely has -$300 a month because of the pension income, the debt agent stated that she must have something must of happened because they don't just reopen these thing for nothing, I was also told there is no statue on judgements, I lost half my collective brain capacity during my illness.Is there any way I can keep this from be publicly posted ?All help would be sincerely appreciated,

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Texas Atty

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Looking at my options to file ! : No. I was just doing

Looking at my options to file for bankruptcy!JA: The Bankruptcy Lawyer will need to help you with this. Have you consulted a lawyer yet?Customer: No. I was just doing research on it firstJA: Please tell me everything you can about this issue so the Bankruptcy Lawyer can help you best. Please give me a bit more information, so we can help you best.Customer: I have over 19,000 dollars in credit card debt, student loans, personal loans, I recently bought a house with my ex and I am no longer living there so I go a place I could not afford and started paying bills and using my credit cards for help, now I am struggling paying it back and falling behind on rent and car psymentsJA: OK. The Bankruptcy Lawyer will need to help you with this. Is there anything else important you think the Bankruptcy Lawyer should know?Customer: Like?JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Bankruptcy Lawyer about your situation and then connect you two.

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I am reading over the answer you gave me yesterday about bankruptcy

I am reading over the answer you gave me yesterday about bankruptcy exemptions and I just wondered if that is for both chapter 7 and 13?

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Terry L.

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My ex-husband filed a Chapter 13 and is claiming he owes me

My ex-husband filed a Chapter 13 and is claiming he owes me $14,500 in arrears spousal support. He actually owes me $26,176.65. I got the notice yesterday after being out of town and the objection is due tomorrow. I think I can do it myself with a bit of guidance as I'm handling my 8 year long divorce (still going on) by myself.I can fill out forms and do service etc. I've already done lots of that. I just need to know what the correct procedure is for doing it.

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LawTalk

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I received a letter from the Department of treasury bureau

I received a letter from the Department of treasury bureau of the fiscal service. They are trying to collect on a debt of $427,697. This appears to be from a personal guarantee on an SBA loan I borrowed in 2001. The business file Chapter 11 bankruptcy in 2006 and submitted a plan of reorganization in 2008. We were in bankruptcy for over two years while fighting a lawsuit against a franchisor that shut us down.This is the first I've heard from the SBA. The stating if I do not pay or respond, they will garnish my wages.There is a list of items that discuss my rights.I am self-employed, and not sure of my downside by calling them.I'm not sure I even have a very specific question other then should my first step be calling them? Also any advice on talking with them?I never did file personal bankruptcy as I did not have enough assets for them to go after.

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Law Educator, Esq.

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We filed suit against a debtor...not knowing they were

We filed suit against a debtor...not knowing they were already in bankruptcy. A suggestion of bankruptcy was never filed, and the case sat and is still opened. however, about a month or so after filing suit, the bankruptcy issued the final account and was discharged. Therefore, if the company is no longer in bankruptcy and the company shows "active" on the SOS..can we move forward and get a judgment on them?

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Terry L.

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What does the law state about a private school loan included

What does the law state about a private school loan included in a Chapter 13 bankruptcy if the debtor receives payments through the repayment process of the bankruptcy:1> At the conclusion of the repayment process is the debt considered 'closed' or 'finalized' (I'm sure there is a legal term but I can't think of it)?2> Is it legal for the bank to continue legal action against the borrower?3>If the bank may continue legal action will the statue of limitations start to toll when the borrower makes his/her last payment or when the court trustee makes the last payment?FYI - BK filed in 2006

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Ely

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Juris Doctor

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