Trying to understand the 'basis' of my stock and the impact
trying to understand the 'basis' of my stock and the impact in bankruptcy. I have filed Ch7 BK personally and listed my companies as they have no value. Upon finishing my taxes, my 'basis' appears to be $900k. Does this mean my company is valued at $900k and will the trustee sue me for the $900k? The company has no value (cash or assets).
Well it's not really a bankruptcy question. I am being
Well it's not really a bankruptcy question. I am being contacted by a company that says they have a second mortgage that was charged off. Apparently, they've had it since 2010 but they are just contacting me in 2016 about it and charging me $500 a month in attorney fees. I don't even know if this company is legit.JA: What state are you in? And has anything been officially filed?Customer: TN officially filed? What do you mean?JA: Has anything been filed in civil court? If so, what? What confuses you?Customer: noJA: Anything else you want the lawyer to know before I connect you?Customer: This co is threatening to foreclose for $2000
We had a chapter 13 bankruptcy file in 2010, completed our
We had a chapter 13 bankruptcy file in 2010, completed our payments in 2015. And the bankruptcy was finalized/discharged at that time. We made payments every month. Included in our debt that we were making payments to the trustee on were student loan (both federal and private). When the bankruptcy was discharged those loans were not paid in full (even though the trustee made larger payments to revolving creditors). It was my understanding that those payments should have been prioritized. I thought secured, taxes and student loan payments were prioritized. That is not what happened. Is there anything I can do at this point? I just received a credit collection call for one of the student loans I didn't know still had a balance. I paid it, but I feel like that should have been paid with our trustee payments. Is there anything I can do? Or is what happened correct?
Second opinion] - I have filed a Chapter 13 in the Federal
Second opinion] - Hi. I have filed a Chapter 13 in the Federal Court of Miami last December and my plan was approved. I have a home that's not in foreclosure (reverse mortgage), and that's protected by the homestead exemption. No payment due there. The house is in my name only, my wife lives separately in Connecticut and has filed a divorce last June in Connecticut. According to 28 U.S. Code § 1334 Bankruptcy cases and proceedings, it seems that the Bankruptcy Court has prior and higher jurisdiction over my properties. I have a pre-nuptial that states "Prospective Husband and Prospective Wife waive the following rights: ...e. To the division of the separate property of the parties, whether currently held or hereafter acquired." For practical reasons, since I have a lawyer here to defend me at the bankruptcy court and I cannot afford one in Connecticut, I was contemplating the possibility of filing a Motion of Declaratory Judgment (Summary Judgment?) to ask the Bankruptcy Court to determine that my home is a non divisible property. Is this something feasible, typically ?
This is to this question. How do the credit companies
This is a follow up to this question. How do the credit companies (Equifax, Transunion) know about this judgement. Does the court send a report. Do they scan public records.With that in mind if the judgement is released and disappears, how do I make the credit company aware of this?
Help... in 2010 we file for bankruptcy (due to medical) and
Help...in 2010 we file for bankruptcy (due to medical) and the case was settled and completed the same year.The problem we are having NOW is that during the bankruptcy there was an order avoiding judgement liens on our property for 6 creditors. (I have a copy of that order from the judge). We paid the attorney/attorney group a $250 fee in addition to the initial bankruptcy charge to have the attorneys office record this order in our country clerks office to remove the liens. (I also have a copy of the cancelled check showing we paid this fee and they cashed it). The problem is this.... we just took out a home equity loan as out credit is now excellent and the bank found that 3 of the 6 were still listed on the county tax records as liens dating back to the bankruptcy. The bank lending officer did verify that these liens were the ones that should have been removed from that time period.The attorney/office that was used is no longer in business and it is now 61/2 years after the fact. I need to have the remaining 6 creditor liens released from my property and do not feel that I should have to repay some one else (atty) to do this. What is my legal recourse. How can I go about getting this corrected?? Please I need an answer asap. thank you
I have a question I file bankruptcy 2002 I believe I just
I have a question I file bankruptcy 2002 I believe I just received a letter saying order sustaining trustees omnibus Objection to claim 1 and 2 No party filing a response within that time permitting 2 Record their board considers the matter to be on unopposed The bottom of the letter says file by Marion County tax collector id sustained and the claim is allowed as secured and claimant shall not participate in distribution of dividends sandra zonin thank you is this mean I'm not in trouble
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.
I owed the irs more than $65,000.They put a lien on my
I owed the irs more than $65,000.They put a lien on my house.I am now in a chapter 13.The irs debt was included in my chapter 13 and will be discharged after 5 years of payments.My question is,can I sell my home in a year?.I'm assuming at least $40,000 by then.Will the IRS take the equity if I sell before my 5 year payment plan is done?