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Recent Trustee questions

The facts are as follows...The potential Debtor has

Hello:The facts are as follows...The potential Debtor has substantial equity in his home that is well over the state exemption level. The Debtor also has substantial student loan debt. Can the debtor go use a home equity loan to pay off the student loans and in turn minimize the amount of equity in the home for bankruptcy purposes? The Debtor proposes to do this right before filing his petition.

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Terry L.

Partner

Doctoral Degree

2,866 satisfied customers
I am currently one year in on a chapter 13 payment plan.My

I am currently one year in on a chapter 13 payment plan.My home has equity in it.Can I take out this equity if I can afford to pay it back?

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TJ, Esq.

Juris Doctor (JD)

10,834 satisfied customers
I am currently starting a chapter 13.I sat through the

I am currently starting a chapter 13.I sat through the creditors meeting last month.I have started making paymentsure to the trustee.My home is not included in the chapter 13 as I am current.Since I did not pay my motgage for 2 years they offered me a loan modification which I am current.I am now 45 days late on my mortgage.Wells Fargo told me that they can motion to relief if I did not pay at once.My question is,what are the chances that they can foreclose on my home if I am 60 days late?

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DrakeLAW

Juris Doctorate

622 satisfied customers
Acting as my own attorney how do i file a response to a

Acting as my own attorney how do i file a response to a chapter 13 when the mortgage lender is asking for relief from the automatic stay for late payments that are now current but i am unable to pay their attorneys fees?JA: When we are ready I'll take you to the appropriate web page.Customer: okJA: What state are you in? And has anything been officially filed?Customer: Maryland. yes it was filed and i have 2 weeks to respondJA: Has anything been filed in civil court? If so, what?Customer: It was filed with the trustee in my case as i have been in a 5 year bankruptcy that wouls end in June of next yearJA: Anything else you want the lawyer to know before I connect you?Customer: No

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Roger

Litigation Attorney

Doctoral Degree

33,578 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

13,778 satisfied customers
I am in escrow with a house where the seller is in

I am in escrow with a house where the seller is in bankruptcy. She has a bankruptcy attorney. He signed the dismissal yesterday and now it goes before the judge for his approval. I agreed to give her the last payment due the trustee of the court and two house payments which all together total $3,940.00. It will help move things along and I am a cash buyer which helps as well. I am having her sign a notarized promissory note with the details. Am I protected to get my money back after the sale of the house?

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Alex J. Esq.

Managing Attorney

Doctoral Degree

22,084 satisfied customers
My trustee filed a motion to dismiss my chapter 13, which I

my trustee filed a motion to dismiss my chapter 13, which I filed July 1, 2016. He argued that since I filed on chapter 7 in 2011, which was later coverted to chap 13 and then another chapter 13 in 2012, which was dismiss because I was able to workout with the creditor prior to payments started on the plan. I have complied with all requirements and filed a very reasonable plan, which is basically to pay my late mortgage. I have no other creditors, except a car loan, which has only 425.00 left on a car that is basically out of the road. How should I respond

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DrakeLAW

Juris Doctorate

622 satisfied customers
My chapter 13 bankruptcy was dismissed in March of this

My chapter 13 bankruptcy was dismissed in March of this year. In order to reinstate my mortgage loan, mortgage payments from December 2015 to present were included along with other fees. I don't understand if I was consistently paying my mortgage DIRECTLY to VHDA from my check account, why I would owe for those months. The explanation I got was that the trustee was making those payments and now I owe it back. I do not understand because they are charging me twice for those months

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5,238 satisfied customers
This Order was signed by Judge therefore denying me any

This Order was signed by Judge therefore denying me any rights to defend myself: Order Granting Plaintiff's Motion to Strike Defendant's Affirmative Defenses with In Rem Proceedings Based on Prior Chapter 7 Bankruptcy Surrender.I received this recently in the mail: Order Setting Case for Non-Jury Trial and Directing Pretrial Procedures...and that I must appear.Why should I bother with this bs if I can't defend myself anymore? What if I just don't attend!I was recently prevented by Order of the Court from defending myself in a foreclosure because a few recent state rulings have stated that the word "surrender" in my Chapter 7 filings means that I have no rights to affirmative defenses on a subsequent foreclosure. Federal and state case law over 30 years have been very clear that if the bank during Chapter 7 proceedings don't motion to foreclose after the trustee has decided not to, that then the person who filed Chapter 7 has the right to all his affirmative defenses to defend his foreclosure in state court (which the order above is denying me). Also, the word "surrender" only has application to the Trustee...not the bank.

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Phillips Esq.

Attorney

Juris Doctor

18,312 satisfied customers
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