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to Paul K, Esq. only On their third amended claim, they

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to Paul K, Esq. only On...
to Paul K, Esq. only

On their third amended claim, they listed a secured claim for $3,670 (down from $43K).

I filed a motion to object.

Their atty called me and asked if I would be satisfied if they claimed 0 as secured.

I said yes.

They filed amended claim #4 showing zero secured, zero unsecured and zero entitled to priority.

I called back and asked what would happen to the 2005 lien.

Got no response.

I filed amended plan asking that their lien be erased.

They filed the present motion to deny confirmation.

Are they just preserving their right to attach future assets ? For how long ? Does the judge have to grant their motion to deny ?
Submitted: 4 years ago.Category: Bankruptcy Law
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3/6/2013
Bankruptcy Lawyer: Paul K, Esq., Attorney replied 4 years ago
Paul K, Esq.
Paul K, Esq., Attorney
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Paul K, Esq. :

Hello, my name is XXXXX XXXXX I would love to assist you. Give me a moment to research your issue and I will answer promptly.

Paul K, Esq. :

I am at Court and when done I will read through this and respond. Talk to you soon!

Paul K, Esq. :

That seems odd.

Paul K, Esq. :

I dont quite understand why they would file a Claim for $0.00 in secured and then object when you basically say what they are saying.

Paul K, Esq. :

What is your case number. I can look it up and see what was filed. Also if it is on the last document you attached I can just take it from there. Thanks!!!!

Paul K, Esq. :

The Case number XXXXX redacted on the document, so if you can let me know I can look it up and review the docket.

Paul K, Esq.
Paul K, Esq., Attorney
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Customer reply replied 4 years ago
12-64496-TMR13
Bankruptcy Lawyer: Paul K, Esq., Attorney replied 4 years ago
From what I can see, you just need to take that part out of your Plan, that the lien is avoided. They are basically saying the lien will be zero and they get paid zero, but they want lien in place in case your Ch 13 gets dismissed and then they can still collect. So they are not saying you owe a secured debt or have to pay one, just that they want to keep their lien in case...
Paul K, Esq.
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Bankruptcy Lawyer: Paul K, Esq., Attorney replied 4 years ago
So basically, I would call IRS lady who filed objection and request an Agreed Order. This is basically a settlement so that you don't have to redo the whole plan. If you agree that they are unsecured and will be paid that way and that there is nothing to secure the lien to, then you get what you want. If they do not want to do an Agreed order, I would amend plan to just take out the avoidance of lien language and get your case confirmed. Confirmation is key!
Paul K, Esq.
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Customer reply replied 4 years ago
Excellent and thorough advice as usual.

I wish you practiced in Oregon.
Bankruptcy Lawyer: Paul K, Esq., Attorney replied 4 years ago
If you have any other questions, please let me know. I know it is stressful and crazy doing a Ch 13 with an Atty, so I am sure it is doubly difficult alone. Good luck!!!
Paul K, Esq.
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Customer reply replied 4 years ago
I have plenty more questions, but it appears that I can "accept" more answers in this same thread. If not, please advise.

For instance:

1. If I was to win an award for a stay violation post confirmation, would the "taxing agency" or any other creditors be entitled to a portion thereof ?

2. One of the creditors is holding funds in my account and is refusing to issue a refund because of a negative balance in my account on another website that is wholly owner by the former. What to do ?

3. Can a JA subscriber contract with an expert to draft a document such as the motion regarding the stay violations ?

Bankruptcy Lawyer: Paul K, Esq., Attorney replied 4 years ago

I can answer here. I have about 4-5 hours if travel, then I will jump on a computer asap. Thanks!

 

Ok, back to computer. Here are my answers:

 

1. If I was to win an award for a stay violation post confirmation, would the "taxing agency" or any other creditors be entitled to a portion thereof ?

 

No, a stay violation is your money and wont be taken by creditors. I have never seen or heard of that happening.

 

2. One of the creditors is holding funds in my account and is refusing to issue a refund because of a negative balance in my account on another website that is wholly owner by the former. What to do ?


This sounds like a stay violation to me. If these funds were on deposit pre-filing, they cannot keep them once you file because of a negative balance. It is all included in the BK and treated per the Plan. I would send a demand letter to them stating that if the funds held in violation of federal law are not released in 14 days, you will file a Motion to have them come before a federal judge to explain why they are violating federal law and you will demand punitive damages and sanctions.

 

When we were talking before about "damages" - this is one. They have your money, so it is not in your possession earning interest. Also it could have prevented you from paying trustee or mortgage or whatever, so you 1) lost interest and 2) lost the ability to make your obligations timely.

Paul K, Esq.
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Bankruptcy Lawyer: Paul K, Esq., Attorney replied 4 years ago
As for Number 3, I do not think we are permitted to do that...to circumvent the system. However I think I my original post I basically typed up most of it. SO if you copy and paste from that and fill in the blanks a bit, it could you get most of the way there.

Good luck!!!! Creditors can be jerks!
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Bankruptcy Lawyer: Paul K, Esq., Attorney replied 4 years ago
I saw that your dates are coming p. I recommend speaking with IRS ASAP and doing an agreement. If you have questions after speaking with them, let me know.
Paul K, Esq.
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Customer reply replied 4 years ago
Thanks for the reminder ! I redacted the attorney's contact info, so I need to download a new copy. Also, I found a great, pertinent (though lengthy) article: http://www.law-full.com/nacba2010/Methods_Enhance_Awards_Stay_Discharge_524%28i%29_Violtns.pdf
Customer reply replied 4 years ago
I called the creditor who is holding a balance in my account that I asked about yesterday. They told me that the only way they could issue a refund is if I would link a credit or debit card to my account - and thus to my checking account. I told them I didn't want to do that, that I wanted a paper check instead because they debited funds from my checking account previously without authorization. This occured post-petition but before I added them as a creditor. They said "oh well, that's the only way we can do it. We're not setup to write checks" (although they're setup to accept them). This is a major online auction site and it's payment processing arm.

Also, Is it necessary for me to include evidentiary documents with my stay violation motion ?
Bankruptcy Lawyer: Paul K, Esq., Attorney replied 4 years ago
In regards XXXXX XXXXX payment, it may just be easier to accept the money in a checking account. It is easier to have it in hand then to debate it and let them earn interest on it.

In regards XXXXX XXXXX Stay violations, I would attach letters received from them or bills, a page summarizing the calls (for example a spreadsheet or word document showing calls on each day and numerous times a day, if applicable), thing like that. Just any evidence to show they did send you bills/letters or call you repeatedly after getting notice.
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Customer reply replied 4 years ago
Will I be able to list multiple defendants in the motion as opposed to the adversary proceeding ?

Also, do I need to notice the defendants of their stay violations before filing the suit ?
Bankruptcy Lawyer: Paul K, Esq., Attorney replied 4 years ago
YOu can list multiple defendants, but it is usually easier to do a separate motion for each. Now, every judge in the US is different and their are hundreds of them that change, so one never knows each and every one, but I have never seen a judge require an Adv Pro for this. YOu can never say never, but again, it is free and easier to try first, just in case.

WHen a creditor is violating the stay, it is usually best to warn them once in writing to make sure they know about the BK filing. Then if they violate it more after receiving notice from Court AND you, then it shows "a callous disregard for bankruptcy law and this court."
Paul K, Esq.
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Customer reply replied 4 years ago
Are credit bureaus culpable ? After all, they receive and post notice of a BK almost immediately but, in my case, at least, they have persisted in allowing creditors to post past due data for four months. Is there a way to get free credit reports from the agencies in the case of a BK. I had already received my statutory reports before the BK was filed ? Thanks again.
Customer reply replied 4 years ago
One of my secured creditors has yet to respond to my Ch 13 plan and/or to file a claim. If they do not, will they be required to accept the valuation of the collateral I listed ?
Bankruptcy Lawyer: Paul K, Esq., Attorney replied 4 years ago
The credit bureau probably would not be liable. They are only reporting what is reported to them by the creditor, who is ultimately at fault.

If your Plan get confirmed and they do not object, the Bankruptcy Code section 1327 says that the terms of a confirmed bankruptcy plan are binding on creditors. Keep in mind however, the bankruptcy wont affect the actual balance due on a mortgage that is paid after the BK ends. For example, if the mortgage company doesn't file a claim, you still owe it after BK. If the Plan says the arrears are $10k but they are $20k, you will still owe the other $10k after the BK ends.
Paul K, Esq.
Paul K, Esq., Attorney
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Bankruptcy Lawyer: Paul K, Esq., Attorney replied 4 years ago
Which creditor is it? A Car or mortgage company?
Paul K, Esq.
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Customer reply replied 4 years ago
motorcycle.

Also, is form B20a only the notice of a forthcoming motion or is it the motion itself ?
Bankruptcy Lawyer: Paul K, Esq., Attorney replied 4 years ago
Form B20A is an additional Form. Usually titled Notice of Motion which sets out when the response date is, which is usually 14 or 21 days, and sometimes the hearing date. I would call the clerk for the judge and ask "Procedurally, on a Motion to Show Cause, do I need to schedule the hearing or will the court do so." Then they will tell you the answer to what your specific judge wants.


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Customer reply replied 4 years ago
thanks. what about the motorcycle ?
Bankruptcy Lawyer: Paul K, Esq., Attorney replied 4 years ago
How long ago did you purchase it...more or less than 2 and a half years?
Paul K, Esq.
Paul K, Esq., Attorney
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Customer reply replied 4 years ago
2002
Bankruptcy Lawyer: Paul K, Esq., Attorney replied 4 years ago
If you purchased it that long ago, then yes the creditor is stuck with the value listed in your Plan, and the remainder is discharged. Have a great night and dont forget to accept all these answers!!!

Good luck.
Paul K, Esq.
Paul K, Esq., Attorney
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Customer reply replied 4 years ago
Paul - I just realized that I can post a request to have the motion we've spoken about drafted on JA, specifically for you, at a flat rate. I'm not sure where to post it, but I know it can be done. If you would be willing to do it, what would be the appropriate cost ?
Thanks !
Bankruptcy Lawyer: Paul K, Esq., Attorney replied 4 years ago
I am not sure. I have not heard of that. Look into how we do it and maybe link here the page where you found it so I can confirm. I will look into what is charged normally on JA. Thanks!!!
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Customer reply replied 4 years ago
One can post an assignment in the "Essays" section under Computers & Education.
Bankruptcy Lawyer: Paul K, Esq., Attorney replied 4 years ago
I started to answer in the other screen, so just leave me some details there. Have a good evening and hopefully I can continue to answer your questions and demonstrate why JA is a great service to have.
Paul K, Esq.
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