Masafumi Iwama's Answers

How does a person with a judgment for intentional torts prevent a debtor from discharging it? How do I respond to a 341 hearing?

When you say, “intentional tort” I think of 11 U.S.C. 523. It lists several debts that cannot be discharged. Debts from willful and malicious injury to another or another's property (11 U.S.C. 523 (a)(6)) - an intentional tort (conversion, assault, battery, etc. . .) Debts incurred on the basis of fraudulent acts (11 U.S.C. 523 (a)(2)). Debts from embezzlement, larceny or breach of trust (fiduciary duty)(11 U.S.C. 523(a)(4)). This will be conversion type of tort. Fines or...

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Can a judgement in a divorce be included in a chapter 13 bankruptcy?

It appears to me that your wife is an unsecured creditor. When you say a judgment, do you mean you had a property settlement? As long as your debt is characterized as a property settlement and not an obligation for child support or spousal maintenance, I think you can list this debt as a general unsecured debt, and eventually, when you complete your Chapter 13 plan, it should be discharged. Your wife also has to file a Proof of Claim. If she does not file, she cannot get paid. Of course, it...

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Short-sell/Bankruptcy

If the mortgage debt was discharged by your Chapter 7 bankruptcy, then the credit report should show $0 balance with a notation of the Bankruptcy Discharge. I am not sure why they will put additional comment on your credit report. But, it may be a good thing in the future when you want to obtain a new home loan again, a lender may see this as a positive since you cooperated with a lender and completed a short sale. You certainly did not have any contractual obligation to help out the lender,...

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If i filed chapter 13 and was confirmed but situation has changed can i file chapter 7 instead?

If you were qualified for filing of a Chapter 7 petition when you filed the case, then you can file a motion to convert the case to a Chapter 7 case. Then you only have to pay the difference of filing fee ($299 C7 fee - $274 C13 fee). You have to file post conversion schedules, if the situation has changed, you may have to make some changes on the schedules. I think it is better then paying for a new filing fee. Or you can file a motion to dismiss your Chapter 13 case. Then file a new...

Can a collections agency be forced to release a lien (2nd) on a short sale if a seller files bankruptcy?

If your client files a bankruptcy case, then you cannot proceed without the bankruptcy judge granting a permission to sell the property. Once a person (it is called Debtor in a bankruptcy case) files a bankruptcy petition, a bankruptcy trustee takes a control of Debtor’s assets. In a Chapter 7 case, the bankruptcy trustee must abandon the property before you can sell. I have filed motions to abandon real estate on behalf of buyers in transaction before. You have to file a motion 21 days in...

How to see if a Judgment Creditor has attached a judicial lien to my home?

I am not licensed in your state but I think it works the similar way as here in Washington. If your creditor obtain a judgment against you, then the judgment creditor must record the judgment at a county recorder's office. Most of the counties have online search capability, so you can search the record online. But, if you cannot, you can contract the recorder's office and find out if such a judgment has been recorded. Also, a judicial lien that impairs your homestead exemption can be...

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What does ST Levy SLPN mean?

St probably means State, Levy probably means Tax or Fee that involuntary you are forced to pay. SLPN, I am lost. I did a quick google search but nothing particular showed up. I suggest you will ask your employer about this deduction.

Bankruptcy.

I do not know your finance (assets and liabilities or have a house or keeping house etc) this is a limited advice and you should consult with a local attorney. If I were you, I will file a joint petition (you and your wife together) and list all of the debts including business debts. Chances are you are probably listed as a guarantor of your business debts anyway, so let all debts discharged. If your business is incorporated or LLC, then go ahead to dissolve the business entity. Since...

How long do i have to wait .

Your husband case was dismissed so he can file either chapter 7 or 13 case and eligible for discharging debts. But because you filed your Chapter 7 case in 03, you have to wait at least 8 years from the filing date of your 03 Chapter 7 case. But, you are eligible for filing a Chapter 13 case and obtaining a discharge order. Depends on your reason to consider filing a bankruptcy case, it does matter which Chapter you will chose. If you are simply overwhelmed by debts and creditors are...

How do I go about charging late fees to a customer who has not paid? What is the legal limit I can charge?

If the contract does not specify late fees, interest rate for balance owed, etc, there is no right to charge any of these fees. At least this is the way in where I practice. You need to sue them. Once you obtain a judgment against them, you can then get an interest on the judgment. My state, 12% is a norm. But, since you did not have an attorney’s fee provision in the contract, you have to pay for your attorney’s fee out of our pocket, I think. So, the moral of story is to get the...