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Jason Anthony Burgess

Jason Burgess’s Answers

22 total

  • In adversary proceeding for Ch 13 bankruptcy , judge did not include all evidence submitted . What can be done ?

    Judge did not include all the evidence in reasoning , perhaps inadvertently - stating divorce decree was not included and ruled to dismiss adversary proceeding . What can be done to show this was overlooked for some reason by the judge ?

    Jason’s Answer

    Just like any other federal lawsuit there are two options when you do not agree with an order/judgment. You can file a Motion for Rehearing or Appeal the Order/Judgment. I would recommend seeking experienced bankruptcy counsel in your area. Adversary Proceedings can be tricky.

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  • Can a church file for bankruptcy

    can the church file for bankruptcy

    Jason’s Answer

    They certainly can. Typically they are a non-profit company and have certain restrictions. It may actually make a Chapter 11 reorganization easier because there are compelling arguments that the absolute priority rule does not apply to non-profits since there are no shareholders. Also typically non-profit companies cannot be converted to a Chapter 7.

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  • Should i file for bankruptcy or should i just ignore all judgments and debts? I have no assets and little income.

    should i file for bankruptcy or should i just ignore all judgments and debts? I have no assets and little income.

    Jason’s Answer

    I would recommend at least speaking with an experienced bankruptcy attorney in your area. If you have nothing to lose it may be in your best interest to go ahead and file for bankruptcy protection. The scary thing about judgments is that they stay in the public record for a long time and usually are enforceable for long periods of time. So even if you have nothing now you may in the future.

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  • In 2 days I have to go to Court because Discover Card is sueing me in Texas. What do I do. I can't afford lawyer.

    Discover Card is suing me Can't afford a lawyer I'm a public servant looking for a side job. what do I do when I appear before the judge without a lawyer..

    Jason’s Answer

    Please immediately call your state bar association to get the number for your area legal aid. Obviously being sued is a very serious issue that needs immediate attention. Your local area legal aid will provide you legal services (or at least advice) normally free of charge. They also typically have a network of attorneys in all areas of practice that are willing to take on pro bono (free) cases. I cannot stress the importance of you calling them. If you somehow have to appear before the judge before calling or finding a pro bono attorney, ask the judge for a little more time to find one. They normally want you to have a chance to locate an attorney.

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  • Can I name a business owner (single member LLC formed in WA state) in a small claim suit? The biz has filed Ch 11.

    I filed suit against a small business and named the owner in the lawsuit as well. Since then, the owner sent an email broadcast to everyone on the mailing list for the business notifying us of the ch 11 filing (even including the #). Questions: ...

    Jason’s Answer

    • Selected as best answer

    Just to expand a little on Ms. Koslyn answer earlier. Procedurally you will receive a notice of commencement in the mail showing all of the information on the bankruptcy filing, including the 341 meeting of creditors date and your deadline to file a Proof of Claim. You will also likely receive an inquiry sheet from the U.S. Trustee about the creditors committee. I would highly recommend hiring a local bankruptcy attorney to advise you on this matter. You certainly do not want to do anything to violate the automatic stay.

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  • I was served lawsuite papers and have 20 days to respond, waht and how do I do this I can't afford any attorny

    I rented a tv in 2008 and it was stolen 9 months later, i made almost all of the payments except for $403 until they refused my payment in Feb 2011 saying it was turnedover to thier legal department to wait for them to contact me, I only ever got ...

    Jason’s Answer

    There are legal aid offices all over the United States. You need to immediately look for a legal aid or pro bono service in your area. If you cannot locate one call your state's bar association for contact information.

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  • Landlord filing chapter 13 bankruptcy. not payed mortgage for over a yr. we have a 1 1/2 left on lease. can we be kicked out?

    Found out that our landlord hasn't been paying the mortgage and is now filing chapter 13 bankruptcy. we still have a year and half left on our lease. what is going to happen? I have two small boys and i am very worried

    Jason’s Answer

    That is unfortunately a story we hear all of the time these days. A lot of information is needed in order to give you any exact advice on the situation. It depends on how the landlord is dealing with the home in the bankruptcy case. If they are keeping and curing the property you probably will be ok. If they are surrendering the property in the bankruptcy it may ultimately be foreclosed on. You need to talk to a bankruptcy attorney in your area. I am sure they would help for little to no fee on this.

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  • If a deficiency judgment is filed, and person receives personal injury settlement, can creditor take the settlement funds?

    house has been foreclosed on, and judgment recorded in court file. Will creditor know about a personal injury settlement and be able to take your settlement funds?

    Jason’s Answer

    Typically the way a creditor would find out about the settlement funds would be through discovery in the deficiency case. That being said you may have to do certain financial disclosures during the settlement that could lead to the disclosure. I would speak to your attorney in the personal injury case about this.

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  • Is my security deposit with my landlord exempt in chapter 7 bankruptcy?

    I have no assets other than my rental deposit. Can I exempt this and if I can under what section of the law can I exempt it?

    Jason’s Answer

    Your exemptions are controlled by what statute your particular state follows. They will either follow the federal bankruptcy exemptions or opt to use state exemptions. In Florida there is no specific exemption for rental deposits unless you can exempt it under another exemption. You will need to speak with someone in your state for that answer. Normally attorneys will help you with that for little to no charge.

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  • My Chapter 11 Bankruptcy Attorney Not Responding to Communication, and Rule 2004 Examination is imminent. Best course of action?

    My parents are involved in a Chapter 11 bankruptcy case. A Rule 2004 examination has been granted. For two weeks now, they have made repeated attempts to contact their lawyer via phone, email, fax to setup an appointment since they have no idea wh...

    Jason’s Answer

    You need to go over to the firm and insist to see the attorney. If it truly has been that long there is no excuse for him not contacting you back of at least have his assistant let you know what is going on. If that gets no response I would go to another Chapter 11 attorney to see if they are willing to step in. If not contact your local U.S. Trustee's office to see if they can assist.

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