If this problem continues and you are concerned about the possibility of being pursued by a collector on this debt, I suggest you start putting the $5 per month into a separate savings account. Then you will have some funds to offer as a settlement when the collector comes calling.
As my colleagues have indicated, this is a reasonable question but with too little information for a reasonable answer. It is like asking, "Is there room for me on this elevator?" without revealing how big is the elevator and how many people are already in it.
Although bankruptcy is federal law, Congress deferred to the states on the issue of exemptions. Each state has a statute setting out that state's allowed exemptions of personal property in a bankruptcy case. Understanding that, you can...
You are going to have a difficult time until you hire an attorney to handle your case,
I have never heard of a "motion for presentment" as you described. The section you mentioned simply says that a creditor is not prohibited by the bankruptcy filing from giving notice that a check from the debtor was returned for insufficient funds.
The mortgage holder should file a claim in your case with copies of the deed and mortgage attached. If seeing these copies is not sufficient, I would have...
The above is a good response to your question. I would add that you should really work on your "paper trail". Assemble and organize every document, email, etc. that has any relevance to yuour case and then share them with your attorney - that can be the difference between success and failure. Good luck!
It is very important that you file a motion for reconsideration and (politely) set out all of the mistakes in the court's ruling for two reasons. First, the judge may correct his ruling. Second, if you have to appeal, the appeals court will see that you gave the facts to the trial judge and gave him a chance to fix his mistakes.
You just cannot ignore what is going on in a lawsuit where you are a defendant and then claim surprise. You need to quickly file a motion to continue (reshcedule) the trial and then get more involved in defending this case.
Where is the company located that sold you the vacation package?
For the company's home state, find out if the state attorney general's office has a "consumer protection" or similar department where you can file a complaint. I know that the California AG has such an office, and I have provided a link for you below.
You need to complain to the state AG's office where the company is -- not where you live or where you wanted to go. They will likely have more success pressuring the company...
You need to research the public reocrds or send the defendant some asset questions. The information you gather will help you decide how to collect your judgment.
If the defendant does file bankruptcy, you must immediately stop your collection efforts.