Archived
Are we a secured creditor ? we are the PL. Def filed for chp11 Bkrptcy. We filed a lien 9 mnth ago. now they call for crdtr meet
Julio's answer
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Answered on August 14, 2013
You need to hire an attorney. A chapter 11 case is very complex and whether a lien is secured or unsecured or even valid or invalid in a bankruptcy...
Archived
How do you know what is considered contempt of court?
Julio's answer
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Answered on July 27, 2013
If your violating a Court ORDER then you can be held in contempt. Contempt of Court is an act of disobedience or disregard of a court ORDER.
Archived
Are sales tax dischargable in bankruptcy?
Julio's answer
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Answered on July 27, 2013
In NY Sales Tax are not dischargeable. Sales tax are considered trust funds in favor of the government. These are taxes you collect from the...
Archived
Bankruptcy chap 11, def filed chap 11 2 wk ago, I filed a lien 9 month ago- am I a secured cridtor? how can I get a relief ?
Julio's answer
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Answered on July 27, 2013
I suggest to hire local counsel who is experienced in handling chapter 11 bankruptcies. Your question is loaded with potential complexities plus...
Archived
Does filing for chapter 7 bankruptcy eliminate a housing court judgement/eviction from my credit report?
Julio's answer
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Answered on July 27, 2013
Filing for relief under Chapter 7 enables a person to eliminate debt and void any further personal liability on that debt. It does not however...
What constitutes intrinsic fraud OR extrinsic fraud?Debtor in chapter 13 bankruptcy
Julio's answer
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Answered on July 07, 2013
I agree with everyone here. This seems very complex and you should consider retaining a well seasoned bankruptcy attorney who is familiar with...
Archived
Is the burden upon the Creditor to prove misuse, fraud or running up a credit card, when objecting a bankruptcy discharge?
Julio's answer
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Answered on June 12, 2013
Yes, the burden of proof is on the Creditor and its based upon a preponderance of evidence. There is a presumption that a credit card is an...
Archived
Can I sell my home after being discharged from a chapt. 7,if I have equity that was protected from exemptions?
Julio's answer
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Answered on June 12, 2013
I would first contact your attorney to make sure the equity of $23,000 was exempted in your case. If so, the 23K is yours to keep since the...
Archived
After filing for bankruptcy chapter 7, what are the chances of getting approved for school loans for graduate school?
Julio's answer
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Answered on May 21, 2013
Generally speaking, a bankruptcy should have no impact on your eligibility for federal loans. Private loans, however, are an entirely different...
Customer cancelled contract after we filed chapter 11. Is this OK?
Julio's answer
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Answered on May 21, 2013
The Bankruptcy Code allows a debtor-in-possession to either assume or reject an executory contract. Moreover, ipso facto clauses that purport to...