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I have a creditor, I am referring to schedule e/f in

I have a creditor, I am referring to schedule e/f in bankruptcy, if I have a creditor, a collection agency who is suing me. my original debt was for $10,000 and they have added fees and interest and they are suing me for $21,000 my question is should I add them only to part 3 of schedule e /f? Or should I add them to part 2 and part 3 (which is what I did). I have the original debt, which was sold, listed in part 2 already.

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Terry L.

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I have a question about paying a chapter 13 filing fee

I have a question about paying a chapter 13 filing fee inside a chapter 13 plan. The chapter 13 bk filing fee is $310. Can this ever be paid as part of a chapter 13 plan payment? That makes it really affordable over 60 months. Utah bk judges seem to demandthis payment be made within 30 days after filing

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I filed Ch 7 pro se in June 2010 in the NE District of Texas

I filed Ch 7 pro se in June 2010 in the NE District of Texas Judge Hauser's court and was discharged with no issues in October 2010. On schedule D I listed the value of my home as $45K. Amount of Claim without deducting Value of Collateral 116K. Unsecured Portion if ANY - 71K.The day of the only face to face hearing with Judge Hauser, there was an attorney there Representing BAC Home Loans - the Judge asked him for a Notarized statement of some sort- he did not have it - she dismissed him and to my knowledge no 'proof of claim' (I think that is the right phrase) was ever filed by anyone. She asked me my intentions and I said I was going to try to short sale the house if possible. This never happened. I am still in the house and have not made any mortgage payments since February 2010.I had a Credit Clean Up agency work on my credit recently. I got an Apology Letter from Nation Star Compliance department saying they would remove the negative history and that they should not have been attempting to collect.Mackie Wolfe has been persuing me ever since.Where do I stand with regards ***** ***** debt on the house?

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mmdesq

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On Pro Se Chapter 7 Bankruptcy, If I am going to surrender

On Pro Se Chapter 7 Bankruptcy, If I am going to surrender a secured item, I know I list that on the Statement of Debtors Intention, However on the Schedules, do I list the debt on Schedule D Secured Debt, or since I am returning it, is the debt now considered as a non secured debt and listed on Schedule F?Thanks

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Roger

Litigation Attorney

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When my mother died in 1984, she willed her half of the house

When my mother died in 1984, she willed her half of the house that she co-owned with her (second) husband to my sister and me. Our names were added to the deed in place of her as 50% owners of the house. Her husband was able to live in the house until his death under the California Probate Homestead Act. He died last September and the house was just sold. Thus, my sister and I just received one-quarter each of the sale price. The escrow paid California estate taxes and I'm wondering if the house sale will be considered inheritance from our mother? If so, I don't believe we'd owe federal taxes. If it's not considered inheritance, what percentage might we be expected to pay? Thanks for your help.

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Terry, debtor has just incurred an unexpected surgery after

Terry, debtor has just incurred an unexpected surgery after already having filed for ch. 7. Deductible was significant: $6000 1) Can we amend the case to include this creditor now? If so how is there any fee to do so? 2) What is procedure for getting acontinuance on 341? Thank you

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Terry L.

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Is a mortgage foreclosure deficiency dischargeable in a

Is a mortgage foreclosure deficiency dischargeable in a Chapter 7 and if so, is this listed on schedule D?

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Terry L.

Partner

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2,832 satisfied customers
We are filing our own chapter 13 bankruptcy in Missouri. how

We are filing our own chapter 13 bankruptcy in Missouri. how do I need to list our home on schedule c. Market Value is 400,000 and we owe 430,000. We wish to keep the home which is why we filed a 13.

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Phillips Esq.

Attorney

Juris Doctor

 
16,566 satisfied customers
I recently filed Bankruptcy in The United States District court

I recently filed Bankruptcy in The United States District court in the Western District of Louisiana, Shreveport Division . Our John Deere category 1 tractor and all its implements got repossessed by the John Deere Company, In order to get our tractor and implements back we filed chapter 13 Bankruptcy. In our agreement with John Deere and the court we agreed to submit our 1st payment of 1100.00 2 weeks before it was due as a good faith measure upon which they agreed to give the tractor and all its tools back. In Re: Mary F. Scaglione Case #XXXXXIn the last hearing the judge said he did not know if it was going to be allowed for us to keep our tractor, he could not see 4 or 500.00 a month going to the tractor while only 2 or 300$ go the the 27,000 credit card debt. he also said he does not see how keeping the tractor would benefit me as I am a stroke patient. I told him My caregiver uses it to maintain my property as well as to make money with it hiring out occasional for landscaping or mowing jobs. I also have a written lease between my caregiver and my self for the tractor and all related equipment with an option for him to buy it at the end of the lease. i believe the judge has pretty much made up his mind that we cannot keep our tractor after receiving an objection from the Bankruptcy TRustee Lucy G. Sikes La. Bar Roll # XXXXX of Shreveport La. hre is her Objection to confirmation of Modified Chapter 13 Plan verbatim if I can copy and paste, its only one page, If I cannot I will have to retype it Verbatim, OBJECTION TO CONFIRMATION OF MODIFIED CHAPTER 13 PLAN NOW INTO COURT comes Lucy G. Sikes, the Chapter 13 Trustee, who respectfully XXXXX XXXXX the confirmation of the proposed modified plan filed May 13, 2014 in the above referenced bankruptcy case for the following reasons:1) Trustee re-asserts her objection to the claim of Lieda Brooks, Mr. Hicks testified at the 341 (a) meeting that Ms. Scaglioneowed a mortgage on her home to an individual, named Lieda Brooks. That lien is not listedon Schedule D , however the payments are listed as direct pay in the plan. If the claim is in fact secured, then the claim should be listed on schedule D. If the claim is not secured, the funds should be redirected in the plan to pay unsecured creditors. The documents provided to the trustee indicate that the claim is not secured. Trustee submits debtor should be required to devote all payments listed to Lieda Brooksto her unsecured creditors; the plaan and schedules should be amended accordingly. 2). Debtor's plan preposes to repay a secured claim to Deere and Company on a 1026 sub-compact Utility Tractor, 260 backhoe, H120 Loader and PHD100 Post Hole Digger. The debtor has signifigant medical issues and was unable to attend creditor's meeting due to her health condition. The debtoris not physically able to operate this equipment. Trustee submits the debtor does not need to retain these items for an effective reorganization. Trustee submits that the debtor should be required to surrender this property and devote any related disposable income to payment of her unsecured creditors.3). Trustee submits that the propsed plan is not feasable. The propsed payments are $1,100.00 for the 1st two months and then increased to 1,205.00 for the remaining 34 monhs of the plan. The schedules indicate that the debtor must recieve 700.00 from Mr. Hicks in order to meet her necessary living expenses and also make this plan payment. Trustee submits that the plan is not feasible as currently filed.WHEREFORE THE Chapter 13 Trustee Moves for an order denying confirmation of the plan and granting the debtor(s) a reasonable period of time to submit a modified plan which cures the objections raised herein and /or dismissing the case and for any and all other relief to which the Chapter 13 Trustee may be entitled under the premises. Respectfully Submitted, /s/ Lucy G. Sikes Lucy G. Sikes La. Bar Roll # XXXXX Post Office Box 1770 Shreveport La. 711666 phone (XXX) XXX-XXXX telecopier (XXX) XXX-XXXXmy questions are how do I overcome these objections, ? I owe Ms. Brooks less than 7,000 on a personal loan she made to me. when i had the chance to erase a 68,000 mortgage for 16,000.00 i borrowed 16,000 from her and it is almost paid. my caregiver has agreed to pay for it out of is pocket who is also my significant other. on the 2nd objection , I need My tractor, to maintain my property and my caregivers adjoining property. although I am not physically able to use my tractor my care giver is.

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Roger

Litigation Attorney

Doctoral Degree

 
32,782 satisfied customers
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