Carl T. Johnson's Answers

I just got sued by a debt collector I'm inrolled in a debt settlement program what can I expect when showing up to court?

You can expect to lose. Unless this isn't your debt, or unless there is some mistake, if this is actually your debt but you are just unable to pay it now, then you will lose. I suggest you contact a good bankruptcy attorney. In a bankruptcy you can find a real solution to not only this creditor, but to all your creditors as well.

In cha.13 bk tx, been paying since 10/01/10. noticed the trustee hasnt paid my mortgage or the arrearages? its included in my bk

There are a couple of things that could be in play here. First, the plan must be confirmed before the Trustee can make a distribution. Next, the Creditor must file a claim. Your attorney can do this for them if necessary. Also, depending upon your jurisdiction and the local rules, administrative claims sometimes including attorney fees can be paid out of the first distribution. The best course of action is to call your attorney's office. They should be able to answer this question easily.

In a Chapter 13 Bankruptcy, I have been told by the by my lawyer that I am to be "confirmed or docs".

Each Chapter 13 Bankrutpcy plan must be confirmed by the Judge, or "approved". I don't know what you thought you heard that sounded like "docs." Perhaps your attorney said your case must be confirmed or dismissed. Perhaps additional documents were requested by the office of the Trustee or another party. If your attorney did his or her job correctly, your case should normally be confirmed. At that point, your job is to make all required payments in full and on time. Good Luck to you. Carl Johnson

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Chapter 7 Bankruptcy - Exhibit C: Possession of Property that poses threat or harm to public health or safety

It should be disclosed.

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How much questions can bankruptcy creditor ask debtor's attorney?

If I were representing the Debtor I would take your call. Unfortunately, this depends on the particular Debtor's attorney. Although I think it's unprofessional, some Debtor's attorneys will not talk to creditors. Your best bet is to get your own attorney. He or she will know your options, both outside of court and in court. Unless your claim is inconsequential, it's probably going to be worth it to hire your own counsel. Good Luck.

I am filing chapter 13 . My mother died. Can I request my insurance check $20,000 be made payable to my sister per mom's reques

You must proceed carefully in this area. If the contract (policy) of insurance named you as a beneficiary, and if your relative has already died, then changing the name on the check most likely won't accomplish what you think. You would still need to disclose the inheritance, and the money might be considered an asset or even disposable income. In some states, for example Texas, when State Exemptions are elected, insurance proceeds are exempt. You need to FULLY DISCLOSE the fact situation to...

I am currently 3 payments in arrears on a loan mod. Will I have to catch all payments in a 13 to keep the house?

Yes, you will need to bring your mortgage current, but you will do this by placing the missed payments (the arrearage) into the plan and resuming the regular contract payments "outside the plan or by direct pay as it is called." For example, if you were to file a Chapter 13 bankruptcy on the first of February, and your mortgage payments are due on the first of the month, then in March you would be required to resume your regular mortgage payment as begin your Chapter 13 payment also. Good luck....

I am currently 3 payments in arrears on a loan mod. Will I have to catch all payments in a 13 to keep the house?

Yes, you will need to bring your mortgage current, but you will do this by placing the missed payments (the arrearage) into the plan and resuming the regular contract payments "outside the plan or by direct pay as it is called." For example, if you were to file a Chapter 13 bankruptcy on the first of February, and your mortgage payments are due on the first of the month, then in March you would be required to resume your regular mortgage payment as begin your Chapter 13 payment also. Good luck....

What can be done to prevent the following.

Perhaps you are making a common mistake. Bankruptcy is filed on PEOPLE not on DEBTS. Therefore, if you are DISCHARGED (there is no a continuing stay), then you personally are not liable on the debt. You son didn't file, so he isn't protected by your bankruptcy case. I suggest he find an attorney to represent him. He may or may not be liable, but he probably gets no protection from your case. Good Luck to him and to you. Carl T. Johnson, Davis Law Firm, Keller, Texas 76248.

I have made all of my first year chapter 13 payments on time. We need a one month extention due to loss of income.

Usually you can get a suspension for a month. However, that missed payment in most cases must be made up by larger payments for the remaining months of the plan. Your attorney should know what's appropriate in your jurisdiction, so contact him or her. There are several factors at play--length of your plan, months remaining, original percentage to the unsecured creditors, and local procedures and individual judges. Good Luck.