Archived
What actions are provided to me as a supplier to a company that has closed its doors? A Major Corporation
Derek's answer
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Answered on March 24, 2017
You could file a lawsuit against them, beyond that, not much. If they file bk you can file a proof of claim. You should contact a creditors rights...
Archived
What is my next move
Derek's answer
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Answered on March 23, 2017
You can file an adversary proceeding to prevent the debt owed to you from being discharged. You'll need an attorney.
Archived
What happens if the sale of a condo is less than what I owe on my chapter 13 bankruptcy?
Derek's answer
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Answered on March 23, 2017
You really need to discuss this with your attorney or with a new attorney if you don't have one. You can amend you plan to surrender the condo to...
Archived
How to treat this 300k? Capital gain to mom? Does bankruptcy change the character of this 300k to make it not a cap gain? Does
Derek's answer
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Answered on March 23, 2017
Your mom should have discussed this with her bk attorney and with a tax attorney before doing this, She really needs to speak with a tax attorney...
Archived
Does an order for relief from stay in a chapter 7 automatically pass onto a chapter 13 if I file one after discharge of chap. 7?
Derek's answer
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Answered on March 22, 2017
The order for relief would not automatically pass from a Ch7 to a new Ch13, but it could if the creditor asks for that and the judge agrees. ...
Archived
Can I dispute a secured creditor's order for relief from stay if I wasn't served the hearing info?
Derek's answer
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Answered on March 22, 2017
Your attorney can file a motion for reconsideration or re hearing based on insufficiency of service. However, you are incorrect in your assumption...
Archived
What to do if I don't have documentation for the trustee
Derek's answer
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Answered on March 21, 2017
Unfortunately, there is no easy answer. You'll need to try to recreate as much of the documentation as possible.
Is a bankruptcy trustee entitled to receive funds from a settlement over and above what is owed to creditors plus their fee?
Derek's answer
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Answered on March 21, 2017
Because it is not your lawsuit anymore. When you filed bankruptcy, everything you owned became part of your bankruptcy estate and your ?Ch7...
How far back does the Trustee go for records?
Derek's answer
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Answered on March 21, 2017
Why do you care if the trustee forces the creditor to return some of the money? It won't make a difference about whether the creditor will close...
Archived
How can I dismiss a bankruptcy hearing?
Derek's answer
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Answered on March 20, 2017
The bk code says there is an absolute right for a Ch13 debtor to dismiss a Ch13. However, some trustees and, more importantly, some judges are...
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