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In a Chapter 11 bankruptcy, does this document (text below)
In a Chapter 11 bankruptcy, does this document (text below) mean the "Bank of Big" is giving up all claim to the note and the collateral, and making Shaky Financial the beneficiary, no matter what happens in the bankruptcy?United States Bankruptcy CourtCentral District of CaliforniaCase No. 1:16-bk-12345-WBChapter 11In re: Debtor(s) (including Name and Address)John Doe*****Levitown, PANOTICE OF TRANSFER OF CLAIM OTHER THAN FOR SECURITYThe Claim No(s). listed below was/were filed or deemed filed under 11 U.S.C. § 1111(a) in this case by the alleged transferor. As evidence of the transfer of that claim, the transferee filed a Transfer of Claim Other than for Security in the clerk's office of this court on 05/02/2016.Name and Address of Alleged Transferor(s):Claim No. 2:The Bank of Big, Trustee,c/o Subservicer, Inc.,P.O. Box 555, Dallas, TexasName and Address of Transferee:ShakyFinancial LLCPO Box 999Rapid City, SD-- DEADLINE TO OBJECT TO TRANSFER --The alleged transferor(s) of the claim is hereby notified that objections must be filed with the court within twenty-one (21) days of the mailing of this notice. If no objection is timely received by the court, the transferee will be substituted as the original claimant without further order of the court.Date: 05/05/16 Janet J. JonesCLERK OF THE COURT
I am in NM I want a bankruptcy atty to walk me through the
I am in NMI want a bankruptcy atty to walk me through the process of deciding if my Sales Tax debts are dis-chargeable. I filed a Chapter 11 in 11/2007 and at the time I had a lot of unfiled and unpaid gross receipts taxes. As part of the Bankruptcy I filed all returns. They were all filed by January 2008. I kept current on all returns and payments going forward.My plan was confirmed in March of 2011.My atty filed a motion to close the Case on May of 2011.I paid something like $ 200,000 to the state of NM over the following 18 months.I filed another Chapter 11 in April of 2014.Question 1.Does the three year rule run from the day the plan was confirmed in March of 2011 or does it run from May of 2011 when the case was closed.Chapter 11 number 2 fell apart, the trustee moved to have it converted to a Chapter 7. I didn't go to creditor's meetings and the Chapter 7 was dismissed in August of 2014.At this point the State of NM is still after me for $ 100,000 in unpaid taxes, which were part of the returns I filed in January 2008. And they are also trying to collect $ 200,000 in penalties and interest.Question 2If I file a new Chapter 11 will I be able to discharge all of the aforementioned debts.Question 3Part of the NM State Constitution says that the State is Forbidden from forgiving debt. Does federal bankruptcy law trump, NM State Constitution.Question 4Any ideas on how to get the state to discharge debt without forcing me to file a chapter 11.
I filed bankruptcy about four years ago because I had to
I filed bankruptcy about four years ago because I had to take care of my mother who had Alzheimer's. I kept the house, but I'm finding the bills overwhelming. I'm running two households now because I'm taking care of my brother who has FTD (frontotemporal dementia) and hydrocephalus (water on the brain). If I filed bankruptcy just to get rid of my house that has extreme damage from trees and water, would I get into trouble with the mortgage holder? My mortgage is about $340,000 and the house, on a good day, is worth about $90,000. As I've been told, it's also a famous historical house. Right now I hire people to go in and check on my brother on the days that I can't be there because he lives 125 miles away from me. I'm overwhelmed trying to keep up with all the bills for two households on top of paying home health care workers.
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.
Only please, again, hopefully, you are having a good Sunday!
For Barrister, only please,Hi again, hopefully, you are having a good Sunday! We wanted to get your advice one more time on the issue with the attorney in Houston for AMEX. We did speak with them, and they offered a "Temporary Payment Plan" which includes a confirmation letter of same, and a document for the "Agreed Judgement" as you explained to us. The payment plan is for 6 months at 350.00 per month, and at that time, the letter reads as follows: "American Express will reassess your financial situation after six (6) months to see if you have the ability to pay larger payments or pay the account in full". The balance claimed is $39,512.77 which includes the court fees. Okay, here is our question: By signing this agreement, does this preclude AMEX from ever settling for a smaller amount? As mentioned in our previous conversation, they offered a settlement that expired January 22, 2016 for $23,400.00. The payments were almost 1000.00 per month for 24 months. Of course we could not afford those payments. (FYI, when we mentioned this "settlement offer" from AMEX to the assistant at Degrasse & Rolnick, the attorneys for AMEX), she seemed surprised that we received the settlement offer). As mentioned to you previously, we need to get to another state to prepare for a complete move back. We have been renting there. We thought that by agreeing to this arrangement at this time, it would allow us 6 months before having to either declare BK, or figure out a way to repay the debt. We did submit a hardship letter to the assistant to the attorney, as requested by her, stating our situation. The letter stated that we do not own a home, as it was damaged beyond repair in a hurricane in 2008, nor any savings or retirement plan, and that our auto is 8 years old. She did say that she did not yet submit the hardship letter to AMEX. We find this interesting as she requested the letter in order to present to AMEX??? At any rate, does signing this letter with the stated amount of $39, 512.77 preclude us from ever settling for less??? Sorry for this lengthy epistle!! Thanks!
I have the following question:Facts: (1) My corporationView more bankruptcy law questions
I have the following question:Facts:(1) My corporation filed a voluntary Chapter-11 in December of 2012(2) My late father's estate (obviously a related party) was an unsecured creditor(3) The deadline to file a claim in this case would have been sometime in early 2013(4) As it turns out, the estate DID NOT file a proof of claimQuestion:Since the estate did not file a proof of claim by the 2013 deadline, can the estate deem their unsecured debt as an uncollectible debt in 2013? The estate had taxable income in 2013, and needs the bad debt write-off.