Yes, you can file to stop the foreclosure. And yes, you have to pay off the crammed down amount within 5 years. As you can see then, this usually only works for properties under $90k, which is kind of the "sweet spot" for rental income being high enough to cover the new payments. The house must break even or the trustee will oppose your keeping it. It's a stressful process because Ch13 eats up ALL of your disposable income.
The bank can't pursue a deficiency apart from their claim in the...
Sorry about your experience. This is very common here in Las Vegas. Unfortunately, unless you have eye witness statements *and* significant injuries, there are few attorneys who would be interested in such a claim (I probably get 1 "beat up by a bouncer" call per month).
I've taken such cases when there are broken bones or dislocations. But only arm bruising is probably not enough to make it worth the investment of resources.
Just give your statement against his and let the police close the file. They usually identify who repeat frivolous callers are but they need a reason close things. Try and get a protective order if there have been threats to you or your aunt. Then if he returns, call the police.
You could file a civil suit for nuisance or assault if he has aggressively threatened you, but the reality is that you probably just want people like this out of your life. Sometimes you only unlock more and more...
Sorry this happened.
I have to say that it is a very unusual story - and we in Vegas are used to hearing everything. In the future, yelling "¡Que se vaya!" or "¡fuera de aquí!" will be more explanatory to him!
I have represented officers. Many are completely shocked when they themselves are accused and they realize how everything was not only *used* against them, it was perversely skewed and manipulated against them.
People with the best results often admit nothing, say nothing and deny everything. Even when caught.
Even if you don't like it, ALWAYS try to get along with your P.O. For better and for worse they are the person you need to be compliant with during your probation. It can be all the difference between successful completion and fighting revocation.
Just cooperate and show him the receipts. Be meek and humble about this whole thing. Attitude is going to cause problems.
There may be issues because the band is already old, and as the other attorneys here mentioned, there are risks already assumed about the band and band placement. The hospital where you caught C-Diff might have some issues.
For case review call my friend John Houghtaling at Gautier, Houghtaling & Williams. http://www.ghwlegal.com/law-firm/