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Recent Trustee questions
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
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.
Chapter 11: My business owes a lot of payroll back taxes.
Chapter 11: My business owes a lot of payroll back taxes. Last year I purchased property for the business location in my wife's name (cash -no mortgage). The IRS agent has come calling and wants my wife to transfer it to the business so he can levy/ seize it. I was hoping to set-up a payment plan, but the IRS agent is not cooperating. My tax attorney tells me I really don't have a choice because the agent could force it through the courts. As a strategy, I am thinking of filing a business Chp.11 and close it -this would force a payment plan for the debt and possibly decrease the employer's portion -I realize the employee portion is still owed....All this would be in an effort to save the property -but then there is the trust fund portion on my personal side. Therefore, my question is can they still come after my business property from the personal side -even if I file Chp.11 for the business? I can't afford to file for both/ personal & business.
I have another Bankruptcy question that has arisen and am
Hello,I have another Bankruptcy question that has arisen and am looking for help. My office is a govt agency that is a division of the CalEPA. Lets assume our claim is a non-priority claim. A company owed our office $30,000 from many, many years ago and then filed a chapter 11 bankruptcy in 1991. We therefore filed a Proof of Claim for the amount of money the company owed our agency. In 2010, the BK was converted to a chapter 7 case and the docket says "voluntary" and "assets". The docket also says "debtor disposition: discharge is not applicable" and that the BK was later terminated on 12/15/15.1. Hence, what happened to our Proof of Claim, meaning why didn't we get any payments? 2. Also, since this company is still in business today, could we still go after them for the money they owed us through regular collection efforts?
My company has filed for protection under chapter 11. It
My company has filed for protection under chapter 11. It appears that the bankrupcy attorney is violating the rights of the major shareholders by potentially rearranging ownership. What authority does a bankrupcy attorney have to do such a thing?
My wife and I filed chapter 7 bankruptcy in may of 2015 and
my wife and I filed chapter 7 bankruptcy in may of 2015 and was discharged in aug 2015. we did have exemptions in the amount of $12734. I was waiting for back pay from a previous job in the amount of 31k which we disclosed to the trustee for the PA bankruptcy we filed. My question is the back pay was issued last month. the was 7300 paid in taxes from the check which left an amount of 23k. Now the trustee stated they were dispersing money to creditors that were involved in the case. according to the trustee i will not get my full exemption amount, I am only getting 5300 becauase the taxes that were orginally taken out had to be taken from my exemption amount and given to creditors. Can they do that. Arent i entitled to the full exemption amount. thank you fro your help.
I would need to file BK chapter 7.I am married but want toView more bankruptcy law questions
Hello,So I would need to file BK chapter 7.I am married but want to file SINGLE Bankruptcy Chapter 7.I own a condominium property(primary residence),in Chicago Illinois.I hired an appraiser and they determined the value at $98000.My Mortgage balance is $66000.The Illinois homestead Exempt amount for a property is $15000.Would the trustee consider any other costs on top of the $15000 exemption,that would reduce my equity?(like real estate agent fees,title,etc )?So 98000(appraised value)-66000(mortgage balance)-15000(exemption)=17000 EQUITY so far...My mother would be giving me a gift (money) to pay for the "Equity" ,so that the trustee doesn't sell /foreclose on my home.Thank you!