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Kurt A. O'Keefe

Kurt O'Keefe’s Answers

104 total

  • Will I be discharged after my claims are paid in full in the next 10 month period or will I continue to through May of 2017?

    My chapter 13 petition was in December 2011 and I started making payments in January 2012. Due to an objection, my plan wasn't confirmed until May of 2012. So I made 5 months of payments. On my Trustee statement as of 12/31/15 my claim amounts ...

    Kurt’s Answer

    I occasionally file plans that state the plan commencement date is the date the first payment is due. Check your plan, and order confirming plan, to verify the dates in your case.
    Of course, if you hit 100% payment to your unsecured creditors, the Trustee will close out the case.
    Otherwise, tax refunds, or any additional funds that come in, will be used to increase the payment to unsecured creditors.
    The length of the plan controls, that is, you say "my claim amounts appear to be paid in full by December 2016."
    But the 60 months is ordered in the confirmed plan, so that is when it ends, (unless creditors who filed claims are 100% paid) not whenever the dollar amount you committed to unsecured creditors is paid.

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  • Good morning, my wife and I need to find an attorney that specializes in CHAPTER 7 bankruptcy as soon as possible. Thank you!


    Kurt’s Answer

    look for a lawyer certified in consumer bankruptcy law, with an office convenient to you.
    you will need your creditor information, and monthly budget of income and living expenses.

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  • Can I purchase a vehicle after my closing date of a Chapter 13? This is before receiving any discharge or dismissal.

    Chapter 13 closing date, completed all 5 years.

    Kurt’s Answer

    The model plan in Detroit bankruptcy court, made an order of the court by the Order Confirming Plan, states that you need court permission to incur credit over a certain amount.
    Probably $1,500, but check YOUR papers.
    However, there is no sanction for violating this provision.
    I have never seen it enforced.
    As the other answers mention, the first issue is if a lender will finance you if a bankruptcy case is pending.
    As already indicated, the closing of the case is the LAST event, after the discharge is issued.
    If the case is dismissed, there is no impediment to you getting any credit.
    Not sure what you mean by "closing date".

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  • Can I try to get this judgement dropped ?

    I live in Detroit,Michigan - I hired a Chapter 13 Lawyer who said there would be no problems - I never met the Lawyer only her paralegal who was my rep @ the hearing - 1 house visit on the last day to file -never received any copy of the paper wor...

    Kurt’s Answer

    First, I am sorry if an actual licensed attorney treated you this way.
    Paralegals cannot appear on behalf of people in court. Is the "she" who has a judgment against you the attorney?
    Chapter 13 is a payment plan bankruptcy, is that what you filed?
    You really need to go over this in detail with an attorney. I have offices in Detroit.

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  • I know that would be considered fraud, is it highly unusual for a person to get financing for a vehicle before a ch 7 discharge?

    I filed a pro se chapter 7 on 11/25/15 and I am currently awaiting discharge. I was going to reaffirm my vehicle but it was totaled on December 28, 2015. Now I do not have a vehicle. I have been trying to obtain financing for a vehicle but no want...

    Kurt’s Answer

    Lucky the reaffirmation was not in effect when the car died, to look on the bright side. The trustee is NOT your representative and has nothing to do with you getting credit after filing. Nor can the court force anyone to lend you money. If you cannot wait, maybe finding a co-signer would work.
    There is no fraud unless you lie about something relevant to getting the loan.

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  • Abandonment of home by trustee after Ch 7 discharge

    In October of 2014 my Ch 7 bankruptcy was discharged. There was a house and the trustee just informed me and the court that he was abandoning it and filed a notice with the court. I only owe $17, 000 on the mortgage and have someone who wants to...

    Kurt’s Answer

    yes, make sure the abandonment is filed with the court first.
    The discharge has nothing to do with the trustee administering the estate.
    The discharge means you no longer have personal liability on the debts, with the statutory exceptions like child support and student loans.
    There is no deadline for the trustee to complete administering the estate.
    When you filed your case, by operation of law the bankruptcy estate was created, which consists of ALL property of any kind in which you have an interest.
    You also filed claims of exemption on your property, to exempt it from trustee administration.
    The trustee has a limited time after your 341 hearing to file written objections to those exemptions, or they stand as claimed.
    It is the trustee's job to reduce non-exempt assets to cash for the benefit of creditors.
    Again, make sure you have a copy of the filed abandonment before any sale.

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  • I recently filed bankruptcy chapter 7.

    I forgot to add my car loan on the paperwork. Can I add it after I filed? and if so what schedule would it be put on? Can I keep the car if the payments are current? Also I have a land contract can I continue to stay living in the property listed ...

    Kurt’s Answer

    Well, you need a lawyer.
    Not sure which paperwork you mean.
    For Chapter 7 bankruptcy, a car that you own, or are buying, is listed as an asset on Schedule B, with its value.
    If there is a lien on it, NOT a lease vehicle, that creditor information goes on Schedule D.
    Keeping the car depends on the creditor and their policy, most want the money, not the car back.
    You need a lawyer to advise you about the consequences of reaffirming that debt, or, not reaffirming it.
    Filing a bankruptcy case does not require anyone to move.
    The question is, is the property exempt.
    That depends on the value of the property, the land contract balance, and what state you live in.
    Again, you need a lawyer for this.

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  • One company is reporting an acct that was discharged as open collection, 0 bal, bankruptcy Is it legal?

    Discharged 2 yrs ago. Listed 5 days after filing bankruptcy, updated today

    Kurt’s Answer

    We should all be in a business where we can do anything wrong, and no consequences until we have been told it is wrong, and given 30 days to correct it. That is the Fair Credit Reporting Act. (FCRA)
    So, not illegal to put that entry, or tradeline, that you describe.
    You should write the same letter to each CRA, Credit Reporting Agency, which show the incorrect entry.
    The big Three are Trans Union, Experian, and Equifax.
    Send that same letter to the company reporting the tradeline.
    The letter should include a copy of the credit report with the page showing the incorrect listing.
    Highlight it in yellow, or underline in red ink.
    The letter says: enclosed is a copy of the incorrect entry by X company. Please correct it to show "included in bankruptcy, zero balance" and send me a copy of the corrected credit report.
    Yes, per other answer, send it certified mail, and keep copies.
    You can google the correct address to send disputes to.
    check your credit report(s) again in a couple of months.
    If not corrected, check with an FCRA lawyer.

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  • What do I do now?

    I filed chapter 7 bankruptcy over a year and half ago. My atty was paid in full. I received a letter from the Federal Courts stating my fees have not been paid. Now I have a show cause hearing.

    Kurt’s Answer

    If the filing fee was not paid when the case was filed, there must have been a motion by your attorney to either waive the filing fee, or, to pay it in installments.
    Obviously, no order waiving the filing fee was signed by the judge.
    So, best guess is there was an order for the filing fee to be paid in installments, and that order was not complied with, so the court enters the show cause order, which you now have.
    Which means, come in and show cause, tell the court, why the case should not be dismissed for not paying the fee.
    You should have a written contract with your attorney, which spells out how his fees, and the filing fees, are to be handled.
    Some attorneys now are routinely filing motions to waive/pay in installments, with every case they file.
    I understand, from your end, you give the attorney one pile of your money and she/he files the case.
    But the court charges $335 filing fee for Chapter 7, that is NOT the attorney's money.
    But, we have to pay that when we electronically file a case, which is how we must do it.
    And the filing fee is charged to us.
    So, the attorney could collect the filing fee from you and pay the court.
    Or, collect only attorney fees from you, file a motion to pay the filing fee in installments, and leave it to you to handle.
    If he collected the filing fee from you, and did NOT pay the court, that is a big no-no.
    As per the other answer, get a written response from your attorney as to why the court issued this show cause.
    Most judges will still let you pay the fee, even though late, and the case continue.

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