See my linked article below about what bankruptcy does, and does not stop, in a divorce proceeding.
The divorce can still go forward notwithstanding the bankruptcy. All you need to do is get court permission. The only aspect of a divorce that gets held up is the division of assets and sometimes the division of debt. You certainly don't need to wait until your chapter 13 is discharged. It is helpful to wait until a chapter 7 is discharged, and that is what I usually advise, but it is not...
The law really makes this situation complicated. Those Yamaha cards are, essentially, secured. Then throw on top of that UCC-9 and the bankruptcy, and it is a real mess. Legally, you probably don't have the right to sell and the bike should be turned over (whether you were making payments up to the point of filing your BK is irrelevant). So, you need to simply understand that above fact so you can understand the risks.
In the real world, is it going to matter? First question, how long has...
If the real estate was properly titled in the name of the LLC, and the LLC filed bankruptcy, that is the end of the story as far as those properties are concerned. The properties can be foreclosed and liquidated at this point. Who is on the mortgage note (the loan) at this point is irrelevant as is the divorce decree. The LLC is a separate legal entity. If the LLC filed BK before the divorce and before your chapter 13, there is nothing to do with LLC because it, essentially, no longer exists...
Yes, and yes. Bankruptcy is public record and your bankruptcy petition and everything in it (except your social security number, account numbers, names of minor dependants) can be viewed.
HOWEVER, the information is not "readily" accessible. If you were to Google yourself, your bankruptcy petition is not going to come up. Aside from large institutions and the NSA, someone would need to know you filed bankruptcy to even know to look for it.
A reaffirmation is a separate agreement and court order. I really question whether you "actually" reaffirmed the 2nd. Don't confuse the statement of intent. The statement of intent is just that, an statement of intent. But to have reaffirmed you would have signed a separate agreement with the mortgage company, that agreement would have been filed with the court and a court order approving it would have been issued.
You may want to double check.
Even if you did, or did not, as Scott...
Yes, he can file bankruptcy. There is no such thing as "filing bankruptcy against, or on something." An individual files bankruptcy and their assets and interest in assets, as well as their debts, become part of the bankruptcy.
What is your underlying concern?
Unfortunately, sounds like you got scammed. In the short run, contact the Colorado Attorney General and report it.
These scam debt relief agencies are a dime-a-dozen. It is unlikely that a settlement was ever actually paid; so legally, you still owe the debt. You could sue Next Gen., for all the good it will do.
Probably time to seek out real debt relief options and talk to reputable attorneys. Too many people rule out available options due to bad information or fear. Debt settlement is...
I agree with Brian, the path of least resistance is probably to set up a new agreement with the new agency. Otherwise, push comes to shove, the only way to "try" to enforce the prior settlement agreement is to sue in court. That is what court is for; two parties are in dispute, and they have been unable to resolve it. When that happens, all it leaves is to fight it out in court.
Depends. If the plan has already paid the arrears, AND you are otherwise current on your mortgage, then you should have no issue with converting to a chapter 7. The arrears have been cured.
If the plan has yet to pay all the arrears, then you have a problem. When you convert to chapter 7, you will still be in default of your mortgage. As such, you will be back to square one with the mortgage. You will need to work out something with the bank, but if you can't, then the bank forecloses.