Lewis Matthew Roberts's Answers

Chapter 13 - Second Mortgage Stripped, Now insurance damages claim, Second on check- they will not endorse, cannot remove them

Get a court order from the bankruptcy judge that the second mortgage holder has to sign the check, or the insurance company must issue a new check. Drag them all in and let the judge decide.

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Chapter 13 Plan Payments

Congratulations on listening to our advice of hiring an attorney. Now, second bit of advice. Talk to your attorney about these questions. Some areas allow you to pay your mortgage outside the plan, some areas don't - especially if you are behind. Your attorney knows the nuances of your district. Follow his or her advice and don't second guess him or her by coming here asking every single questions a second time. You need to trust the experience of the attorney you hired.

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I FILL CHAPTER 13 MY ONLY SINGLE FAMILY HOME, BEAUSE I WAS UNDERWATER; BUT I HAVE ONE RV TRAILER PAID OFF AND THREE 3 MORE CAR

You need to hire an attorney. You have assets that probably are not completely exempt. Depending on your income, and unsecured debts, you may be paying a large amount of money in plan payments. Chapter 13 is not something you should do alone.

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I file chapter 13 in order for me to keep home due to the death of my husband bank modify my loan can i come out of bankruptcy

This question is too fact specific to answer in Avvo. Did you strip a second mortgage? Do you have unexempt property that needs to be protected? Does your income not qualify you for a chapter 7? Your loan has been modified, but are you still possibly catching up arrears through the plan (Not likely with a mod, but a good question)? Did you use an attorney to file your chapter 13? What does he or she say?

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Chapter 7 Bankruptcy

A chapter 13 might be of great benefit to you. It will allow you to keep the cars and pay back the unexempt value over time. You could also likely strip, or get rid of, your second mortgage. You can also possibly take advantage of the mortgage mediation program in Orlando Bankruptcy court to modify your first mortgage. So chapter 13 affords the greatest amount of relief. I think Alejandro misspoke when he stated : ...not paying back on a 13 the "debt owed to creditors". In...

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My parents are looking to file for bankruptsy. They want to gift me there vehicle to mitigate losing it. What do you suggest.

BAD, BAD, BAD idea!! Stop them before they do it. The car may be exempted anyway. Without a full consultation, no one can say what the car is worth, what exemptions they have available, etc. But if they transfer it to you, then try to file bankruptcy in the next two years, YES, two years, then it is going to be a BIG problem.

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I have filed chapter 13 pro se. I want to pay my mortgage outside of the plan. what must i file to do this?

Was the mortgage already on an automatic draft prior to filing the case? It has to be an automatic draft, it cannot be billpay. If the lender was pulling it out of your account already, then you file a motion to pay creditor outside of plan. Was the motion is granted, you file an order and the judge signs it.

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Before I file bankruptcy can I transfer my home and other assets into my wife's name therefore protecting them from creditors?

Not unless you want to wait 2 years to file. If it is your homestead property, it is fully protected. There probably is no need to transfer the home. Also, if it is your homestead property, you technically still have an "ownership" interest anyway under Florida's homestead rules. It sounds like a similar question from yesterday. You really should take advantage of a free consultation. My office is in Ormond Beach.

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My failing business has been kept afloat by my Home Equity Line which is maxed out. I am waiting for a heart transplant What ?

You are most likely responsible for ALL of the debts. It would be shocking if you are not personally responsible for all of the corporate debts. You usually sign corporately, and individually. So filing bankruptcy for the corporation really doesn't accomplish much if you are still on the hook personally. As to the home equity line on the home, do you want to keep the home? You may be able to strip the equity line in chapter 13 bankruptcy. As to credit, at your age and medical...

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Chapter 13 Automatic Stay

I really don't understand. Many of us begged you not to hire an attorney that was going to be away right after you filed your case. Especially since you have so many questions - which is your right. Now you want us all to explain how your case is going to be run by the attorney that can't answer your questions. You should wait for him or her to get back. Any of the attorney's staff should be able to give you the case number and when the case was actually filed. The mortgage...

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