Bradley David Mccormack’s Answers

Bradley David Mccormack

Kansas City Bankruptcy Attorney.

Contributor Level 7
  1. Foreclosure Dismissal without prejdice

    Answered over 3 years ago.

    1. Bradley David Mccormack
    2. Michael James Wang
    2 lawyer answers

    Yes a dismissal ends the current pending foreclosure case. Dismissal without prejudice means that the case can be re-filed. A dismissal with prejudice means that it can never be re-filed. The Plaintiff will have to file a new case to proceed with a foreclosure action.

    1 lawyer agreed with this answer

  2. How do I list a leased car in my chapter 7 bankruptcy petition. Think I list in sched G. But is it an assett? secured creditor?

    Answered over 3 years ago.

    1. Vikrant Chaudhry
    2. Dorothy G Bunce
    3. Bradley David Mccormack
    4. Nathan Steven Graham
    4 lawyer answers

    A leased car is an executory contract under Schedule G. You will list the lease there and you also have to fill out the Statement of Intention to signify if you will assume or reject the Lease. You do not own any interest in the car so there would be no place for it on Schedule B or Schedule C. You would be allowed a car deduction on the Means Test for your payment.

  3. How is value of a member's interest in LLC determined in a Chapter 13 filing?

    Answered over 3 years ago.

    1. Bradley David Mccormack
    2. Dorothy G Bunce
    3. Theodore Lyons Araujo
    3 lawyer answers

    You want to evaluate the assets of the company over the liabilities of the company. As for assets - does the company own any equipment? Does it have outstanding accounts receivable? Are there pending contracts or ongoing contracts for services? All these are assets which add to the value of the company. Along with that, you need to see if the company has any outstanding debt like a small business loan or tax debt. If the liabiltiy outweighs the assets, the LLC has no value. Your best...

  4. I'm going to be filing chapter 7 bankruptcy because of a foreclosure,but it won't be for several months.

    Answered over 3 years ago.

    1. Lysbeth Goodman
    2. Chirnese Lashaunda Liverpool
    3. Bradley David Mccormack
    4. Dorothy G Bunce
    4 lawyer answers

    In the Chapter 7 you will be discharged from all credit card debt and any car loan that you surrender. However, stopping payment on these bills can make for an uncomfortable few months while you prepare to file. You have no protection from creditors so you could be exposed to phone calls, letters and possible lawsuits. If a creditor receives a judgment on you for a credit card before you file, they are free to enforce the judgment through garnishments of pay checks or bank accounts. If you...

  5. Summary Judgment.filed a motion for summary judgment in an adversary proceeding pursuant to 523(a)(2)(A) an 523(a)(6)

    Answered over 3 years ago.

    1. Bradley David Mccormack
    2. Lysbeth Goodman
    2 lawyer answers

    By statute, the Motion should be granted since it the other party is in default. However, some Judges like to hear argument on Summary Judgment Motions. Since the Motion could possibly end the litigation, the Judge will take his decision very seriously and may want to schedule a hearing. The best course of action is to call the Judge's clerk and ask how the Judge usually handles these Motions. The clerk will be able to tell you what to expect.

  6. In chapter 7, does having a continuance on 341 extend any of the Objection Deadlines

    Answered over 3 years ago.

    1. Lysbeth Goodman
    2. Bradley David Mccormack
    3. Theodore Lyons Araujo
    4. David Leibowitz
    4 lawyer answers

    The Objection Deadline remains the same unless the Court extends it or a Creditor asks for an extension. A one time continuance of the 341 Meeting should not affect the objection deadline. A Creditor can file a Motion to Extend the Deadline but it has to show the Court good cause for the extension. The Chapter 7 Trustee or the United States Trustee can extend the deadline to further review the case and determine if a conversion to a Chapter 13 or possible dismissal is necessary.

  7. I'll be filing Chapter 7 bankruptcy soon,if I break my lease on my apartment, is that something I can include in a bankruptcy?

    Answered over 3 years ago.

    1. Lysbeth Goodman
    2. Bradley David Mccormack
    3. Mitchell Paul Goldstein
    4. Ofer Shmucher
    4 lawyer answers

    Yes, you can include your lease on your Chapter 7 bankruptcy. You will be required to accept or reject any outstanding lease at the time you file. You can choose to reject your residential lease at the time of filing. Any past due arrearage will be treated as an unsecured non-priority claim and will be discharged with your bankruptcy. If you stop paying your lease before you file, you are open to collection calls, lawsuits, and possible garnishments. You will only receive protection once you...

  8. We rent from a Property Management co that just file chapter 11. Is our lease agreement still valid?

    Answered over 3 years ago.

    1. Morgan Jay Seegmiller
    2. Bradley David Mccormack
    3. Vikrant Chaudhry
    3 lawyer answers

    Unless your Lease has a provision that states that the Landlord's bankruptcy automatically breaches the Lease, the Chapter 11 filing in itself does not breach it. When a company files for Chapter 11 Bankruptcy protection, it must address every unexpired lease or contract that it possesses. The company has two options - assume the lease or reject the lease. Assuming the Lease means that your agreement is still valid and the terms are unchanged. The company has to file a Motion to Assume your...