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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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Whitney, Esq.

Attorney and Counselor at Law

Juris Doctorate

174 satisfied customers
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?

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Whitney, Esq.

Attorney and Counselor at Law

Juris Doctorate

174 satisfied customers
When filing for bankruptcy as a business, which is an llc.

When filing for bankruptcy as a business, which is an llc. How does it affect you personally? Credit, assets, etc.

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legalg

Juris Doctorate

13,762 satisfied customers
I have a personal residence where my wife and I live. It has

I have a personal residence where my wife and I live. It has the following liens:First mortgage of approximately 725,000Second Mortgage of approximately 200,000Judgment lien of approximately 500,000Third mortgage of approximately 200,000The home is probably worth 750,000 on a good day, which is about the same as its valuation for property taxes. In Utah the homestead exemption for both my wife and me is 60,000.Recently I received a notice of default on the third mortgage, which is junior to the first three liens above. Can you help me understand what happens if the third mortgage exercises its power of sale. Does the homestead exemption come into play at all in this scenario? Does the third mortgage holder have to bid enough to cover the three superior liens, and so forth?

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DrakeLAW

Juris Doctorate

622 satisfied customers
The State of California FTB is still chasing me for money

The State of California FTB is still chasing me for money they say I owe from 1995 - 21 years ago. I filed bankruptcy twice in CA just to get rid of this and it still chases me. I haven't lived in CA since 2003 and on a couple of occassions and without warning they have taken money from a USAA savngs account. I've avoided having my name on any property and wondering if I did would they put a lien on my property? What if anything can be done to either make the FTB go away or should I even have my name on a piece of property?JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: TXJA: Has anything been filed or reported?Customer: No as I have my name on nothing right now but we are buying a house and were contemplating putting both our names on it until the latest FTB notice arrived a couple of days agoJA: Anything else you want the lawyer to know before I connect you?Customer: no

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Whitney, Esq.

Attorney and Counselor at Law

Juris Doctorate

174 satisfied customers
I am already a member, I am not sure of my password please

I am already a member, I am not sure of my password ***** advisemy email is***@******.*** thank youI am going to file chapt 7 bankruptcy in florida in 2017I believe the most my wife and I can make is 54k per yearmain questionmy wife and I have social security benefits 37k combineddoes this mean that I can only make an additional 16 k approx.to be less than the 54k max amount allowedmy accountant claims my social security benefit as a benefit, not as incomehe puts down 0 of income adjacent to my 37k social benefit on our tax formto be more accurate my wife is on social security disabilityor can I make 53k plus my 37k which is our social security ???this a very important question for me.please ask me any additional questions if needed cell phone is(###) ###-####thank you barry warner

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DrakeLAW

Juris Doctorate

622 satisfied customers
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

Juris Doctor

35,734 satisfied customers
Its not really a bankruptcy question. Its more on

its not really a bankruptcy question. Its more on garnishments and judgments. Is Mr. Terry still the right lawyer to talk to?JA: What state are you in? And has anything been officially filed?Customer: Arkansas. and yesJA: Have you talked to a lawyer yet?Customer: nobody open on the days im available. I live in rural arkansas and we literally have 2 lawyers. One is half deaf :/JA: Anything else you think the lawyer should know?Customer: Does Mr Terry deal with garnishments & judgements or?

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Terry L.

Partner

Doctoral Degree

2,866 satisfied customers
I Live in Florida house in NJ in foreclosure sheriff sale

I Live in Florida house in NJ in foreclosure sheriff sale tomorrowJA: Has anything been filed in civil court? If so, what?Customer: NoJA: Anything else you want the lawyer to know before I connect you?Customer: No

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

47,090 satisfied customers
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