Bankruptcy court order limited defenses on the breach of a Bankruptcy Court approved stipulation. Is there any case law to back that up and if so, can anyone offer help on which case law? Is providing judicial notice enough?
This question is beyond a request that can be answered on AVVO. This is not a forum for legal research and case law. It is not clear from your question what type of stipulation is in the bankruptcy court. The parties to the stipulation know they are bound by its terms-though if a bankruptcy case was dismissed without a discharge the stipulation might no longer have an effect. An attorney would need to review what is taking place in both state court and the bankruptcy court.See question
I don't think I qualify for bankruptcy I have 68 k in credit card debt I don't have all the paperwork to do chapter 7
I believe you posted another similar question. Not sure why you say you do not have the paperwork to file a chapter 7, paperwork can be obtained. Perhaps your income is too high and only chapter 13 would be an option. You should personally contact a local attorney to discuss options and fees. Those details are not appropriate for this forum. Fees for settlements can also vary and should be discussed directly.See question
I owe around 68000 on credit cards not sure I wanna do bankruptcy will the creditors or collection companies ever accept half the amount Creditors I owe bank of America Discover AAA CHASE SEAR CITI AND CAPITAL ONE WHAT KIND OF ATTORNEY SHUD I ...
Creditors do vary on what they accept as a settlement. If a debt has already been sold to a debt buyer the percentage might be lower than with the original creditor. Lump sum payments if possible can also be an incentive for a better deal. A better result might also take place if you utilize a bankruptcy attorney. You should have a full consultation as to a possible settlement plan or bankruptcy.See question
I am not sure if there is something I was/am supposed to do or file following the judges Order granting My Motion to Avoid Lien. My chapter 7 case has been discharged and closed. But I don't want to have a problem when I go to sell my house in s...
You can obtain a certified copy of the order from the clerk of bankruptcy court. That order must be recorded in the public records of the county where you own your homestead. Record at the same place that deeds are recorded.See question
is my home exempt on their chapter 7 and also I took a car lease in June 2016 will that be a problem or will I be able to keep it free and clear the car and the mortgage are both up to date I only have the credit card debt
I am not sure I understand your facts. A Florida homestead is protected from creditor claims. You say you have credit cards of $ 60,000 but only owe $ 6,000. You placed homestead on a 96 bass? You homesteaded a boat? Is the boat movable or permanently docked? There is case law on exempting a boat as homestead that you would need to review with an attorney.See question
i filled chapter 7 ;four years ago during the process on my house, credit cards, second mortg etc... in the mist of that the property was taken ,foreclosed, sold etc, i did not find until later the a reaffirmation letter was signed but the proper...
If you signed a reaffirmation agreement with the lender and the agreement was filed with the bankruptcy court, then the lender has a right to sue you for the deficiency, even if the claim was transferred to a new creditor. You would have signed the reaffirmation agreement during the chapter 7 case.See question
I filed for bankruptcy years ago and included was my property. I am currently in foreclosure and a final judgment is forthcoming. How to I advise the Court my financial obligation to my property was discharged in my bankruptcy? I have searched ...
Note that a discharge of your debts in bankruptcy is not a defense to the foreclosure, The discharge is a defense to any claim of deficiency. Assuming you did not sign a reaffirmation agreement filed with the bankruptcy court, the lender is not permitted to attempt to obtain a deficiency money judgment against you.See question
I currently have credit card and an education loan debt that I am unable to pay. I live abroad and do not currently work. I co-own a house with a family member in FL and we are concerned that the house may be in jeopardy. Please advise. Many t...
You will need to consult an attorney about the home. Real estate that is not your homestead is subject to the claims of creditors whether or not you file bankruptcy. A judgment creditor can put a lien and levy upon non-homestead real estate and a bankruptcy trustee can liquidate non-homestead property. Your family member should certainly be in touch with a local attorney.See question