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Matthew Erik Johnson
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Matthew Johnson’s Answers

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  • Estate

    If you are not the executor of an estate what are your rights? My parent died recently and I want to know.

    Matthew’s Answer

    The estate will be distributed in accordance with the will. There should be provisions in the will which distribute assets if a beneficiary predeceases the will creator. You should request a copy of the will and after probate you should receive a distribution. Probate can take between 9 months and a year so don't expect anything right away. Taxes need to be filed, creditors need to be notified and given the opportunity to file, and certain assets may need to be liquidated.

    However, keep apprised of the goings on if possible. You also don't want anyone stealing assets from the estate.

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  • Filed chapter 7 debts discharged. Mortgage co. does not want the trailer, but wont move off private property because they

    dont want to mess with it anymore due to being in bad shape. My property is free and clear. Do I have the right to order it off within 30 days or it is mine to keep?

    Matthew’s Answer

    There are a couple avenues, most of which take more time then they are worth. If they have clearly stated (and you have written documentation) that they have abandoned the property... then its your property. Do with it as you wish.

    If you want them to come get the property off, then it may be considered a trespass and you could, hypothetically, get a court order (small claims perhaps) removing the property and compensating you for storage fees.

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  • Still receiving mortgage bills after filing Ch7 in 2011

    Filed CH7BK in 2011, discharged Feb2012. moved to Texas for job and vacated home. Bank of America continued sending monthly bill and charging insurance, sold loan to Nationstar in 2013, started receiving monthly statements and bills from Nationsta...

    Matthew’s Answer

    I agree that short-selling is probably the way to go. As the other attorneys here have indicated, your legal obligation to pay on the debt was discharged with your bankruptcy. You are on title, and if your bankruptcy was closed (which it looks like it was) you can move on. You are no longer liable for anything.

    However, if you did a reaffirmation agreement you are still liable for the debt. Sounds like you didn't, but if you did, short-sell quickly.

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  • Filed chapter 7 debts discharged. Mortgage co. does not want the trailer, but wont move off private property because they

    dont want to mess with it anymore due to being in bad shape. My property is free and clear. Do I have the right to order it off within 30 days or it is mine to keep, since it is on private property?

    Matthew’s Answer

    There are a couple avenues, most of which take more time then they are worth. If they have clearly stated (and you have written documentation) that they have abandoned the property... then its your property. Do with it as you wish.

    If you want them to come get the property off, then it may be considered a trespass and you could, hypothetically, get a court order (small claims perhaps) removing the property and compensating you for storage fees.

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  • Can a bank report late payments to the CRA's for 9 consecutive months after a Chapter 13 discharge date?

    A chapter 13 plan was modified to surrender the property to first and second mortgage holders in full satisfaction of the debt. No objection was filed so the court ordered the plan modified. One month later the automatic stay was removed to purs...

    Matthew’s Answer

    I can't say this for certain but my presumption would be no. If the debt is discharged then the legal obligation to pay is destroyed. Therefore there are NO payments due. Since no payments are due on a discharged debt, payments can't be late. If the payments aren't late, they can't report them as late.

    I could be wrong.

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  • Attorney that handles bankruptcy says-we have to file .chapter13 bankrupty

    Out income is not to cover depbt. Can a chapter 13 be charged ?

    Matthew’s Answer

    Its a little unclear what you are asking. Whether you qualify for a chapter 7 or a chapter 13 depends on two things. (1) whether your household income is above the median income in your jurisdiction; (2) if you are above that line, if you pass the means test which means you do not qualify for a Chapter 7.

    If you are above the household median and do not pass the means test, you cannot file for Chapter 7 bankruptcy protection. This doesn't mean you MUST file a Chapter 13, it means you do not qualify for a Chapter 7.

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  • Can a company keep sending me a bill for a debt that was discharged in a ch7 a year ago?

    I was discharged from a ch7 over a year ago. My home was foreclosed on and sold over 2 years ago to someone else. I had a 2nd mortgage that after home was sold became an unsecured debt that was included and discharged in my ch 7. The mortgage co. ...

    Matthew’s Answer

    Whether there has been a violation of the federal bankruptcy code will depend on whether (1) you included that debt in your filing; and (2) proper notice was sent to the creditor. The first one you can check through the federal ECF system. You can go in person to get a copy of your filing if need be to check and make sure the creditor is listed.
    The second requires that you provided a correct mailing address of the creditor to the bankruptcy clerk; who is then charged with mailing notice. So double check to make sure the address was correct.
    If these elements are met, you have a clear case and should contact a post discharge debtor or consumer protection lawyer as the other attorney here has suggested.

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  • Filed chapter 7- 4 years ago surrendered the house in 6/14 we were served a judgement from the association where we lived

    in Florida they are suing us for not cutting the grass maintaining the property and attorney fees claiming we are still the owners we were just served foreclosure paperwork last month. what can we do to stop being sued we were served a motion for ...

    Matthew’s Answer

    Sounds like they are doing a judicial foreclosure or perhaps suing you for any penalties associated with the HOA, but I would need to look at the pleadings to know for certain.
    You should be able to file a Chapter 13 within 4 years of filing a Chapter 7 bankruptcy if there was an issue. In addition, if you already surrendered the home through your bankruptcy, which is not clear from this fact pattern, then this may constitute a post discharge violation. A review with a local attorney would be very beneficial.

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  • Can chapter 13 remove city code valuation if I have given up my right as the second owner to a property.

    I the second borrow to the property over 35yr ago I never lived in the place. I was helping out family. I had to file a chapter 13 I forgot to ask that question. At the time that property was bought back in the 80s I was 20yrs old now Im in my 50s...

    Matthew’s Answer

    I agree with Attorney Brunce; the facts are not very clear. A Chapter 13 can sometimes be used to discharge or pay back government debts that could not otherwise be discharged in a Chapter 7. However, there are limits and conditions to some of these discharges. A little time reviewing your issue with a local attorney would be a good idea.

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  • Revised. Can any chapter 13 be discharged?

    Filing chapter 13 bankruptcy

    Matthew’s Answer

    Its a little unclear what you are asking. Any Chapter 13 plan eventually leads to a discharge. However, not all Chapter 13 plans are approved. Chapter 13 plans must conform with Federal, state, and local rules regarding what has to be funded through the plan; and what debts must be paid in full through the plan or by the end of the plan. Getting a plan approved can be easy or it can be extremely difficult depending on each individual debtor and the skill with which an attorney prepares the filing and prevents possible objections.

    In my humble opinion, no debtor should ever attempt a Chapter 13 independently. Chapter 7s can sometimes be done, but a Chapter 13 is serious business.

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