I'm currently in a Chapter 13 bankruptcy - I filed Pro Se. I
I'm currently in a Chapter 13 bankruptcy - I filed Pro Se. I have a confirmed plan 60 month plan and am 12 months into it.Regarding my Plan:Currently, there is an 'Order Settling Trustee's Objection to Fourth Amended Plan' stating that :"The Fourth Amended Plan shall be confirmed as filed, except that it must pay on account of the allowed unsecured creditors at least $64,593, or a lesser amount equal to one hundred percent (100%) of said claims, *whichever is less* (emphasis in the document is underlined), to satisfy the requirements of 11 U.S.C. 1325 (a)(4). The actual total funding may have to increase to do so, if necessary, when allowed claims are determined."The Trustee recently filed his 'Motion and Notice to Allow Claims'. Today is the expiration of the 21 days allowed for parties in interest to object. No one has objected so far (and I am not expecting anyone to).There is a total of only $11,422.19 in unsecured claims. Is there anything I can do (modify my plan? request another 'order'?) - once the order on the motion to allow those claims is made - to specify that I only need to pay this amount into the plan....rather than the $64,593? Or will I still have to pay that total amount into the plan and then receive a refund (at the end of the 5 years) of whatever excess is paid in?
This is a chapter 13 case. The debtor has "secured" tax debt
This is a chapter 13 case. The debtor has "secured" tax debt from years with an assessed date of nearly 10 years ago. This seems to be from a tax lien that was filed. Can the Debtor file a motion to avoid tax liens and treat them as general unsecured claims? Thank you in advance for your assistance.
I have some questions about selling my home during my
I have some questions about selling my home during my Chapter 13 case.I'm a pro se chapter 13 filer with a confirmed plan. I am considering selling my residence and I want to estimate the costs of withdrawing from the Ch. 13 and selling on my own vs. putting in a motion to sell the property and selling it during the chapter 13 case.Most of the debt to be paid through my plan is secured. First, there is my mortgage company (with arrears specified to be paid through my plan - the mortgage company properly filed their proof of claim). Then there are 2 liens from my condo association attached to the property (the association did NOT file a proof of claim by the deadline for these). Finally, there is a lien from American Express attached to the property (American Express filed proof of claim properly).. If I obtain approval to sell during my Ch. 13 case, how are disbursements to those creditors handled? Does the trustee pay them and get his % commission on those payments? Is he also commissioned on payments made to the real estate/legal professionals approved to be paid from the sale?As far as debt included within my plan that is not attached to my property, there is a $2300 crammed down title loan (the title loan company was noticed but *did not* file a proof of claim) and a $775 claim from a credit card company (they filed proof of claim properly). Will the trustee only pay the credit card company from the sale proceeds (as the title loan co. did not file proof of claim)?Finally, can you give me an estimated amount of time it might take for the trustee to disburse the excess funds from the sale to me? There is plenty of equity in the home to pay all of my creditors (secured and unsecured....though some have not filed proofs of claim).
My brother and his wife declared chapter 13 bankruptcy in
My brother and his wife declared chapter 13 bankruptcy in April. They have a total of approx. 436K in secured claims against them and 197K in unsecured claims. The secured claims are their mortgage, IRS and NJ state taxes along with an auto loan. The unsecured claims are mostly credit card debt and a 70K business loan that I signed as a co-guarantor just before leaving the business to my my brother in May 2002. Between 2009 - 2015, he had used the entire business loan and had to close his business. During that time he leased automobiles and took trips that were not business related. After declaring bankruptcy, my brother and his wife decided to put their house up for sale thinking their house could more than cover the total of all claims. It's been on the market for 5 months and the asking price is less than the amount he owes in total. My question, at this time; since I was defrauded and left with the responsibility to pay back the business loan (I've paid monthly up to 15K to date since he filed), can the loan be changed to a secured claim so that it's guaranteed to be paid in full when he sells his house? He should get enough to cover just the secured loans.
A person, CH, is in Chp. 13,, bankruptcy. CH has a judgement
A person, CH, is in Chp. 13,, bankruptcy. CH has a judgement against her in a county civil court from a bank. That first started in 2010. Case was reopened in 2015, and judgement was for the plaintiff for $49,000 in June 2016.In April 2016, CH filed a new amended Chp. 13 plan which was confirmed May 2016. The Bank was a creditor and still gets certificates of notice. However the bank is not listed in CH amended plan as either a secured or unsecured claim. Is this allowed?? Does CH have to inform trustee of this new judgement of June 2016 for $49,000.
I am close to confirmation in a Chapter 11 bankruptcy. The
I am close to confirmation in a Chapter 11 bankruptcy.The deadline for voting on my plan has passed. Only one unsecured creditor voted, and they voted no. They want 8% of the $900 I owe them instead of the 4.5% I propose. If I agree to that, they will get 75 cents/month as opposed the $1.45 they want. Fine, but the bump to 8% would apply to the whole class, which includes the unsecured portion of a bifurcated mortgage. The additional 3.5% would cost me $200/month for 5 years, and the budget was already tight.My lawyer doesn't want to rock the boat by asking the mortgage lender them to vote in favor and has not made contact with them. However, their vote would carry the day, because their balance is bigger the the credit card's $900.I just got my monthly statement from the mortgage lender. It looks different from previous ones. All the values are set to zero, and there is a note printed on it that says I should pay either the loan servicer or the trustee, according to the terms of my bankruptcy plan.My bk plan has not been confirmed yet. The statement seems to include a tacit acceptance of my plan, in advance of anything being forced on them. My plan is already a done deal from their POV, it seems. So, what risk is there in asking them for a "yes" vote?Could they vote "no" as a member of the class that contains the secured portion of the debt, even after the deadline for voting is long gone? My Plan says this:"iv. Who Can Vote in More Than One ClassA creditor whose claim has been allowed in part as a secured claim and in part as an unsecured claim is entitled to accept or reject a Plan in both capacities by casting one ballot for the secured part of the claim and another ballot for the unsecured claim."Would extending the deadline and taking their "yes" vote in the unsecured class obligate me to extend it for the secured class, too?
I have a creditor, I am referring to schedule e/f in
I have a creditor, I am referring to schedule e/f in bankruptcy, if I have a creditor, a collection agency who is suing me. my original debt was for $10,000 and they have added fees and interest and they are suing me for $21,000 my question is should I add them only to part 3 of schedule e /f? Or should I add them to part 2 and part 3 (which is what I did). I have the original debt, which was sold, listed in part 2 already.
I filed chapter 7 bankruptcy in January 2013. Key Bank had
I filed chapter 7 bankruptcy in January 2013.Key Bank had a judgment against me for $55,000 for a credit line.My personal guarantee for the credit line was discharged.Unbeknownst to me Key Bank had filed a judgement lien for this amount also.My bankruptcy attorney is telling me he did not know about the Key Bank judgement lien when he filed our chapter 7 bankruptcy because Key Bank listed the amount as unsecured on their Proof of Claim filing so, he only listed Key Bank as an unsecured debt rather than as a secured debt.My bankruptcy attorney is now telling me that Key Bank can collect on this lien.Is my attorney correct that even after my bankruptcy has been discharged and finalized that now Key Bank can come back against me and collect the lien even though my debt was discharged?