I returned a vehicle...and deficiency was added to my chapter 13....my payments never increased. I paid $37,200 over the 5 year period. Now they say I have to file another 13 for the remaining balance. I feel when the vehicle was added my paym...
You have not provided enough facts to receive a complete answer. Something went wrong, but it isn't clear what went wrong or why. The trustee sends sounds out periodic accounting statements to show the progress of your case the motion to dismiss would have also alerted you about the problem. it doesn't sound like you discussed this with your attorney or didn't understand the explanation. You should discuss it with your attorney in more detail and/or get a second opinion.See question
A Capital Recovery Portfolio company filed an "interested party" filing in my chapter 7 bankruptcy. Note my main reason for bk is business failure and no income. The last credit line purchases were for a total of about 1,500K (making balan...
Any creditor can ALLEGE that you borrowed the money without the intent to repay. Proving it and winning is an entirely different matter. The creditor would have to file file a lawsuit called an adversary proceeding and prove their allegations.
It has been experience that creditors files these types of lawsuits in less than 2% of bankruptcy cases filed. Even if they did, your facts seem favorable to you.See question
120.00 taken from my he money so far taken from my pay is over 2500.00
Judgments in New York accrue interest at 9%, so it might not be paid in fully. Send a certified letter to the judgment creditor or their attorney to demand a full accounting of the payments.See question
sustained with leave to amend, is the form interrogatory moot? Do I have to reserve?
I agree with Mr. Alexander in every respect. If you are a defendant in a California lawsuit, the only reason you would use Form Interrogatory 15.1 is if you had filed a cross-complaint AND the opposing party hand answered the cross-complaint.See question
I live in Minnesota and my husband Bob died unexpectedly 6/13/15 leaving no will, nothing on paper; but he did have an insurance policy that he took out after his first wife died to pay his bills and funeral expenses. His son Jason is the benefic...
You need to speak with a local attorney, but insurance proceeds generally belong to the beneficiary. If the money belongs to Jason, why would he be responsible for your husband's medical bills?See question
My Ch. 13 Bankruptcy case was discharged in 2012, I had fulfilled my obligation, at least that's what I thought. I found out, around a year later, that I still had a balance of about $9,000 towards my mortgage company, that wasn't paid by the plan...
Your question doesn't make any sense and contains conflicting information. You say the case was discharge and yet you say you were in bankruptcy 2007 to 2014 and that's 2 years longer than the maximum time for a Chapter 13. Also, your attorney doesn't make the payments to the creditors. That's the job of the Chapter 13 trustee.
Your decision to resign from your job as a teacher doesn't make any sense either. If you were still behind on your mortgage, you could have filed another Chapter 13 instead of resigning.
So far, you haven't described anything that would lead me to believe that you have a case against your attorney.See question
My wife's daughter is going through a divorce. Her husband walked out on his family in January. To prevent her daughter from loosing the house my wife has been making the house payments. Now it appears the soon to be ex-husband may try to force th...
You should see a family law attorney or a real estate attorney. Some liens are voluntary such as when you sign a deed of trust or a mortgage. Other liens are involuntary like when you sue someone, get a judgment and put a judgment lien on their home or when government files a lien for unpaid taxes.
An attorney familiar with the laws of your state can tell you if you can get your daughter to grant you a lien without her husband's permission. Otherwise, you might need to file legal action. I'm in California and can only offer general observations.See question
I had a small claims case, which we won. The first time the Defendant extended the case. We showed up the second time and won. The Defendant then filed to vacate judgment, made an excuse for not being there, then did not show up to the subsequent...
When I researched this issue many years ago, the policy was that abuse of process and malicious prosecution claim are generally not allowed when arising from small claims lawsuits. Also, you haven't described anything that would rise to the level of an abuse of process claim.See question
My spouse and I filed a ch. 13 in 2/2010 and were told that the total to complete the bankruptcy would be 78k. 5 1/2 yrs later, we have paid 79k, and were still dismissed from our case with 1300 dollars owing to the IRS (which was listed as a "pri...
I've ready a number of stories like this recently and there is usually some blame to be shared by several parties, including the debtors (you), the attorney and the Chapter 13 trustee. There are many possible causes. For example, your plan might have called for a certain percentage of the unsecured debts to be paid and that could extend the payments beyond the 60-month maximum. Your plan might also have specified a base amount to be paid to the general unsecured creditor and the priority tax debts might have come in higher than anticipated and thus extend the plan. There are other possible causes.
Throughout the time your case was pending, the trustee would have sent you periodic accountings show how much you had paid into the plan and where it was going. These statements can be used to see if your plan will finish on time. Plan confirmation is not a guarantee that your plan will finish on time and monitoring the progress is a shared responsibility between the attorney and the debtors.
Stopping the payments a mistake and you wouldn't have been entitle to a discharge unless all amounts had been paid to the creditors as required by the plan and priority debts must be paid in full. The motion to dismiss would have spelled this out and you might have been able to save the plan and get a discharge if you had opposed the motion to dismiss and paid the $1300.
I would consider getting a second opinion form a local attorney to see if you can appeal or get the dismissal set aside and pay the $1300 or whatever is necessary to conclude the case successfully.See question
my son file bankruptcy on a student loan which is a private law the student loan company is calling me about the student loan since his bankruptcy for the student loan went through do I have to pay for his loan since I am the cosigner
As a cosigner on the loan, you are equally liable. Even if you are correct about your son's loan being discharged in his bankruptcy, you still on the hook. You should consult a local bankruptcy attorney regarding your options.See question