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Recent Unsecured Claim questions

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.

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DrakeLAW

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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?

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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.

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Terry L.

Partner

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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?

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DrakeLAW

Juris Doctorate

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If I cant make my payments on my motor vehicle; will the

if I cant make my payments on my motor vehicle; will the bank foreclose on my motorhome and still foreclose on my paid for house?

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Christopher B, Esq.

Attorney

Juris Doctor

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I had a judgment against me unsecured debt, and it is on my

I had a judgment against me for an unsecured debt, and it is on my title for my property. I filed bankruptcy in 2012 and it was discharged (not completed - I was unable to keep up with payments) The lender HFC had two claims on the bankruptcy one secured at $3000 and one unsecured at $15K - the lawfirm who filed the judgment was also listed but they claimed $0. I have tried to contact them to find out about this debt but no one will call me back. Can I have the judgement removed?

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In a chapter 13 banktrupty that started may of 2010. I had a

In a chapter 13 banktrupty that started may of 2010. I had a 2008 Nissan Armada financed thru Nissan Motor Acceptance Corp. Balanced owed was roughly $35,000 and lawyer did a cramdown which the actual vehicle worth was $28,000. The remaining $7,000 was unsecured non priority claim. So I had to pay roughly $500 over the 60 month bankruptcy plan. The $7,000 balance was originally not gonna get paid due to the priority claims being paid first and wasn't anything left to be unsecured debt. So in January of 2014 the vehicle was in and accident and deemed a total loss by my insurer state farm insurance. So finally in August of 2014 we received a settlement from state farm and Nissan stating The vehicle is worth $17,000 and Nissan had the title and would need that $7,000 unsecured claim to release title. So state farm paid Nissan the $7,000 and and I received a check for $10,000. The $28,000 secured claim was paid in full from trustee and Nissan received $7,000 from state farm for the unsecured part. So account paid in full. Trustee then issued Nissan a check for $4,700 on September of 2014 to go toward the unsecured portion of $7,000. I called Nissan and they did admit that the account was overpaid and that they would get with trustee to see what they should do. So I called Nissan today and was told that the they spoke with trustee office and was told it was no refund due. Nissan also stated that since the account was charged off they were entitled to finance charges. So my question is that legally possible?? Can the trustee make that decision?? The plan was in place for 0% interest over the 60 months for that particular account.

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This is a chapter 13 question. If the debtor is a co-debtor

This is a chapter 13 question. If the debtor is a co-debtor on a vehicle and that debt is going to be paid by the other co-debtor during the chapter 13 plan, do you still have to list it as a direct payment under section 8. DIRECT PAYMENTS? Thank you for your assistance

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John A. Flynn, Esq.

Attorney/Owner

Doctoral Degree

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I had a car in 2009. It broke down every month months.

I had a car in 2009. It broke down every month for 6 months. The last month I had the car it broke down in Barstow California on the way to San Diego for Thanksgiving. I left the damn car on the side of the road in a rest stop and told the creditor to go pick up their trash. The car was picked up by a tow truck company called by the highway patrol. The creditor picked up the vehicle and sold it at auction. I filed for Ch13 protection in Dec. of 2014. The creditor now files a proof of claim for the amount of the car as an unsecured claim. I want to object on the basis of the creditor has the broken down collateral and I owe nothing. At worst, they are allowed a proof of claim for deficiency, if at all, right?

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Phillips Esq.

Attorney

Juris Doctor

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