Archived
In a Chapter 11 Bankruptcy Case if a motion or an objection is filed under seal who has to be noticed?
Tazewell's answer
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Answered on November 14, 2011
When a court places a confidential document or sensitive information in a pleading "under seal", it simply restricts who can see it. This does not...
Archived
What to do when case has been removed to bankruptcy court but there is still activity in the district court case after removal?
Tazewell's answer
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Answered on November 14, 2011
When a case is removed to bankruptcy court, the original court loses jurisdiction. I would expect any federal district court judge to know this;...
Archived
Is a cognivant judgment note for past due local taxes dischargable in bankruptcy in the State of Ohio?
Tazewell's answer
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Answered on November 14, 2011
In order to discharge taxes on income (on, for instance, a salary) and taxes on gross receipts (if, for example, you own a business as a sole...
Archived
Chapter 7. If I file alone, do they treat me wife's income and property just like she had filed?
Tazewell's answer
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Answered on November 14, 2011
Let's start with two assumptions -- you and your wife live together, and most of your debts are consumer debts. With these assumptions, when you...
Archived
Is it possible that a trustee could disallow a portion of a reaffirmation agreement
Tazewell's answer
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Answered on November 14, 2011
As a trustee and a lawyer for trustees, I have never felt that my actions were limited by the debtor's reaffirmation agreement. If I was working on...
Archived
How can I take possession of a vehicle if the co-borrower files bankruptcy?
Tazewell's answer
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Answered on November 14, 2011
Since your ex-husband's bankruptcy is still pending, I strongly disagree with the advice (above) that you can just go find the vehicle and take it....
Archived
We recently received our discharge papers for filing a Chapter 7 bankruptcy, can the trustee still distribute assets from a
Tazewell's answer
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Answered on November 14, 2011
Comparing entry of your discharge to the trustee's ability to collect assets is comparing apples to oranges - no significant connection. The...
Archived
Hello, i have a first mortgage heloc and also a second heloc and filed chapter 7. the 2nd has sent me a default letter.
Tazewell's answer
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Answered on November 14, 2011
A Chapter 7 bankruptcy delays but does not eliminate the threat of foreclosure, This is because the Chapter 7 discharge eliminates the debtor's...
Cemetary plot as asset in chapter 7 bankruptcy
Tazewell's answer
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Answered on November 14, 2011
A burial plot is usually placed on the real property schedule (Schedule A) because it is essentially an interest in real estate. Whether it can be...
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