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Recent Replevin questions

I live in Henderson, NV and have an S-Corp where I'm the only

I live in Henderson, NV and have an S-Corp where I'm the only employee. I lost 70% of my self-employment income a few months ago, and I'll be filing for Chapter 7 BK in September. I need the next 4-5 months to pass the means test. However, one of my vehicles is now in collections after missed payments. I don't intend to keep this car. The car is a higher value BMW which is kept in my garage and I live in a guard gated community. Should I wait until the finance company orders Replevin? How long does Replevin usually take if I'm already in collections? Since I'm filing BK in September, I didn't want to voluntarily turn the car in because they may start pursuing judgements against me for the balances owed before I have a chance to file BK. I also believe that turning in my car before the BK will result in an additional negative mark on my credit report. Thank you, Brian

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I have recently filed a Chapter 13 bankruptcy and just a few

I have recently filed a Chapter 13 bankruptcy and just a few days was served summons - replevin for my leased car - is there any way that I can include the leased car in the bankruptcy? I'm in the state of Nebraska.

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Ellen

Attorney

Doctoral Degree

24,998 satisfied customers
I own a cleaning business and had gotten a $10,000 (8 month

I own a cleaning business and had gotten a $10,000 (8 month loan) business loan from a business loan investment bank, I made the $2,000 a month payments and was doing fine, until 4 months into the loan they called and offered me another $10,000 to help build up my cash flow to get more cleaning contracts. I said okay because the payments were fine and the loan was short enough that I would not be in debt long. That's when they wrote the loan for $20,000 and paid off the rest of the $10,000 and I got only $9,000 out of it and they start a plan of $4,000 a month. I called and told them it is no way I can make a $4,000 a month payment on what I was getting in every month. I sent them everything and they knew by looking at my bank records that I could only do $2,000 a month. I paid the $2,000 a month and they came a week later and took my company truck full of equipment that I need to work with.I called and asked for my equipment so that I would not lose the contracts I had and they told me that the lean on the title gives them rights to everything in the truck also. I do not believe that and want to know what I can do to (1) get my equipment out of that truck and (2) to set-up a $2,000 a month payment as before, they said I cannot get the loan re-written. Do I need to file Ch-11 that equipment cost over what I owe them if you add the cost of the truck; I owe $28,000 on a $20,000 loan.Help

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I was in chap 7 that discharged in dec. During the process

I was in chap 7 that discharged in dec. During the process my commerical building and inventory and fixtures were abandoned by the trustee. The lien holder has forclosed on the commercial real estate but has not taken possession due to a former tenant of mine who is fighting the eviction. The Inventory / fixtures are stuffed into my house and have been there one year, devaluing each day. The lien on the inv/fix is being held up because they can't get possession of the building they foreclosed upon. Who pays taxes on this held up assett?

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Roger

Litigation Attorney

Doctoral Degree

33,882 satisfied customers
I have a question about a writ of replevin in Utah. A creditor

I have a question about a writ of replevin in Utah.A creditor is going to a hearing tomorrow to get an order for a writ of replevin to seize a car. I plan to file bankruptcy to stop the writ and catch up the payments in a Chapter 13 plan. However, I am wondering how quickly the writ will be in effect? In an order of restitution to evict someone from property the court gives the person 3 days to vacate. Does the same concept apply for a writ of replevin? Or can they come immediately with a constable or sheriff to seize the car after the writ is issued?

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Phillips Esq.

Attorney

Juris Doctor

19,408 satisfied customers
I have a replevin filed againts me and dont have and cant

I have a replevin filed againts me and don't have and can't get the money to pay off the loan to be able to retain my collaterol. i owe $22,260 and collaterol is worth $16,000. is it possible to negoiate a lower pay off amount? say, $12,000?

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Roger

Litigation Attorney

Doctoral Degree

33,882 satisfied customers
I just called Bank of America to make my loan on my vehicle

I just called Bank of America to make my loan on my vehicle current. It has been over 3 months past due. I owe 7,000 left on a 2003 mustang that has no tires due to flats and can't afford new tires since losing my job. I have paid on the vehicle for over 4 years. Approx 2 years ago I filed a chapter 7 bankruptcy in which I kept my vehicle out of it in order to make sure that it was not repossesed. i just recently was hired full time and can resume paying. However, when I spoke to the BOA representative they stated that they credited it off/wrote it off...meaning that I could not pay a payment and that it was to be reposessed. I explained that the car is inoperable and that I wanted to pay so that I could eventually get the car up and running. The agent explained that the reposess company would evaluate the vehicle and decide if the vehicle was worth reposessing. If it is not the agent explained that due to my bankruptcy I would be clear to keep the vehicle. The car does not even have wheels on it. PLEASE HELP!

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Roger

Litigation Attorney

Doctoral Degree

33,882 satisfied customers
My mother is in her late 80s and has a large credit card debt

My mother is in her late 80's and has a large credit card debt and wants to file for bankrupcy. Her mind is starting to go, she has cancer and probably doesn't have much longer to live. What would happen if she just stopped paying the credit card bills instead of filing bankrupcy?

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Roger

Litigation Attorney

Doctoral Degree

33,882 satisfied customers
i have a judgement in teh state of ND againsta comapny and

i have a judgement in teh state of ND againsta comapny and I woudl like to replevin a patent they hold, is this possible

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