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Recent Unsecured Claim questions

For DrakeLAW****, To recap - 1) I am 11 months into a

ForCustomer***Hi, Rich,To recap -1) I am 11 months into a Chapter 13 bankruptcy. My plan has been confirmed and an order on the Trustee's Motion to Allow Claims has been issued.2) My schedules include pre-petition debts owed to my condominium association. For a portion of the debt, the association obtained money judgments (one in 2013 and one in 2014). That portion totals approx. $19,500 and I scheduled it as secured debt. The remaining portion of the debt is approximately $10,500 and the association had neither obtained a money judgment nor recorded a memorandum of lien for the debt at the time I filed bankruptcy. Therefore, I scheduled it as 'unsecured' debt. The association has not submitted proofs of claim for the secured or unsecured debt.3) In our prior conversation on the subject, you raised concern as to whether the unsecured debt would somehow attach to the prior debt for which they obtained judgments. I am still unclear on this as I don't think we reached a conclusion. I will attach some documents that hopefully will help to reach a conclusion.4) I found language in the condo docs that indicates that a new purchaser of a unit is 'jointly and severally liable with the selling unit owner' for all unpaid assessments up to the time of sale. In the context of my bankruptcy, I wonder if this means that anyone who purchases my condo could still be pursued by the association for payment of the unsecured portion of the debt (even if it is discharged for me personally)? As for the legal technicalities for something like this - I believe it would be too late for the association to record a memorandum of lien for the debt (b/c Va code requires that such lien be filed within 90 days of the first assessment becoming overdue).....but could they still pursue a new owner for a money judgment? (This of course will affect the marketability of my unit you see!).

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DrakeLAW

Juris Doctorate

1,140 satisfied customers
I received a notice of bankruptcy from my ex husband. I am

I received a notice of bankruptcy from my ex husband. I am named as a creditor who has unsecured claims. It is domestic support obligation. Do I have to fill out the proof of claims form? If so what documents should I attach. They have it listed as $0 for the total claim but he still owes me money

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legalg

Juris Doctorate

17,594 satisfied customers
For DrakeLAW **** This question is about an unsecured claim

For DrakeLAW ****This question is about an unsecured claim within my current Ch. 13 bankruptcy.I am in arrears to my condominium association for approximately $13,000 in unsecured debt (it's unsecured because they had neither obtained a judgment lien nor filed a statutory lien at the time I filed bankruptcy).I properly notified the association of the initial bankruptcy filing and all subsequent filings. However, they did not file a proof of claim for the debt. The bar date for claims has already passed and the Trustee's Motion to Allow Claims has been entered as an order.I understand that this means the association will not be paid on the unsecured debt from my plan payments. Will the debt be discharged? Or will they still be entitled to collect upon completion of the bankruptcy?

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DrakeLAW

Juris Doctorate

1,140 satisfied customers
This question concerns objecting to a creditor's claim

This question concerns objecting to a creditor's claim within my Chapter 13 bankruptcy:American Express obtained a judgment against me for approx. $10,000 a few years ago. It's now recorded in the deed books so a lien has attached to my property. The claim that American Express filed incorrectly lists the debt as 'unsecured'. Does this create a legitimate basis for me to file an objection to ask for the claim to be denied as filed (unsecured)? It is too late for them to file another - secured - claim ... but they still are guaranteed payment from the equity in my property if/when it sells.

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DrakeLAW

Juris Doctorate

1,140 satisfied customers
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?

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Terry L.

Partner

Doctoral Degree

2,972 satisfied customers
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.

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Phillips Esq.

Attorney

Juris Doctor

21,286 satisfied customers
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).

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Terry L.

Partner

Doctoral Degree

2,972 satisfied customers
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.

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Roger

Litigation Attorney

Doctoral Degree

34,850 satisfied customers
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

Juris Doctorate

1,140 satisfied customers
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