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Recent bankruptcy law questions

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

Doctoral Degree

 
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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

 
308 satisfied customers
If I cant make my payments on my motor vehicle; will the bank

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

 
4,782 satisfied customers
I had a judgment against me unsecured debt, and it is

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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37,524 satisfied customers
In a chapter 13 banktrupty that started may of 2010. I had

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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5,048 satisfied customers
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

 
202 satisfied customers
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

 
16,566 satisfied customers
I have a civil action filed against a buisness entity

I have a civil action filed against a buisness entity for various intentional torts with unspecified damages.The civil action has not proceeded beyond the filing of the complaint at the time the automatic stay took effect.The business entity has filed for ch 11 bankruptcy and a bar date has now been set.My action is listed as a:"Contingent, unliquidate and disputed general unsecured claim in an undetermined amount"I must now file a proof of claim with the bankruptcy court. What items if any can serve to support a proof of claim beyond the complaint itself?Will the copy of the complaint itself be sufficient for the purposes of filing the proof of claim?

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Terry L.

Partner

Doctoral Degree

 
2,832 satisfied customers
FFor a chapter 13 bankruptcy, an unsecured creditor did not

For a chapter 13 bankruptcy, an unsecured creditor did not file a claim and therefore did not get paid anything out of the plan from the trustee. After all the plan payments have been made and the judge issues the order that discharges the other unsecured loans that were part of the plan, does the loan from the unsecured creditor who did not file a claim still exist or is it discharged?

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TJ, Esq.

Juris Doctor (JD)

 
10,142 satisfied customers
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