I have had to file chapter 13 twice. The second one is due to my first aty passing. I have been in the second one for over a year and it's still not confirmed due to the mtg company mishap. My aty has field for a motion of comp. but the # is not w...
You should probably get a second opinion from another local bankruptcy attorney if you are concerned about any of this. Someone will need to review the docket on the case to see if the issues you are worried about are actual problems or routine matters for your case.See question
I just filed for chapter 7 December 27,2016. My tax return runs about $1100-1200. What is the likely decision as to the trustee taking my return? I don't have any assets and live at home. I also will be receiving a $200 bonus from work that was ea...
It is up to the Chapter 7 trustee in your case and the exemptions you claimed. Most Chapter 7 trustees in Indianapolis would review the amount available for creditors from both the tax refund and any other potential assets (bank balances, Personal injury claims, bonus income, etc.) and see if they have enough to put together to give a "meaningful distribution" to your creditors. If so, they will. It is a judgment call in each case.
Plan on holding onto any refunds your receive until you've met with the trustee and they have told you if they plan to hold your case open. Your attorney can also tell you.See question
Ok I had some documents showing the debtor was being untruthful when filing his bankruptcy and the trustee had me email to him before the 341 meeting so he can question him. I have a court date to report back to Small Claims mid February for the ...
You should take NO ACTION in a small claims case if there is a bankruptcy in effect. All collection efforts are stayed.
As a creditor, you have the right to allege that your debt should not be discharged (due to fraud or because it falls into one of the other categories listed in 11 U.S. Code § 523). However, you should definitely have counsel to help you with these matters. A creditor who files a frivolous dischargablity complaint can be made to pay the other party's attorney fees. So you don't want to file one unless you have a solid case. If your claim is not big enough to be worthy of hiring an attorney, it is probably not worth pursuing.See question
After bankruptcy over house, 1 yr later I was sent a check for 126.00 for the insurance payment they said I didn't make? [info withheld]
If you can try rephrasing the question with some more details, then you might get some more accurate responses. I'm not certain that I follow what you are saying happened here.See question
I hired a company to code an app, but they told me they were working on it, and then they filed bankruptcy after I paid them. My life's savings is gone and I have nothing to show it. What are my options if I have any?
You likely have a claim in their bankruptcy to receive a share of any assets that are distributed to creditors in their case.
If you can successfully show that the ownership knew they were going out of business and had no intention of doing the work for you when they took your payment, you may be able to establish liability against the owners or managers personally.
But you may need the bankruptcy court's permission before taking any steps, so be sure to get counsel before taking any collection steps that could tread on the automatic stay.See question
I received a letter under this heading from the US Bankruptcy Court in regards of the debtor and it entailed that insufficient information has been filed to date to permit the clerk to make any determination concerning the presumption of abuse. If...
Most likely the debtor failed to file their Form 122 (income calculation) and therefore the court has no idea if they qualify for Chapter 7 based on income.
Once the debtor files the missing form, then they can make a proper determination.
Nothing really for creditors to do at this stage of the proceedings.See question
How does a Chapter 13 affect a spouse who has debit that would be wiped under chapter 7 and now has to file under A Chapter 13 because the other spouse has debit that needs to be consolidated because it's not able to be wiped under a Chapter 7. On...
I assume you mean "debt" and not "debit" and will answer accordingly.
The answer depends on the household income, size, and other factors. If the household income requires both of you to be in Chapter 13 anyway, then you don't have much choice about chapters. If the only reason you are in a 13 is to pay the non-dischargable debt, and you otherwise would have qualified for Chapter 7, then you likely have lower income, which means other creditors won't be getting paid in the plan anyway. Odds are only the non-dischargeable debt is getting paid, the rest of your combined debts are being discharged at the end of the plan.
There are too many variables that could affect this to give a full answer here. Consult with your attorney or get one if you don't already have one.See question
Might file a skeleton bankruptcy to delay a foreclosure
No, except for Wells Fargo has been known to do that.
However, unless you have less than 5 hours to file to prevent the sale, NEVER file a skeleton petiton. If you are going to go through the process of filing, do it the right way and prepare all the schedules. It should not take more than a few hours to do so.
You definitely want to have an attorney assisting with this.See question
In 2009 my wife and I filed bankruptcy, We included an property that we owned that was a commercial property there had been a judgement filed at the time of the bankruptcy. The bankruptcy was granted in the end of 2009 which included the loan for ...
When you file bankruptcy and receive a Discharge of your debts, you are relieved of the personal liability for the debt only. That is, you are not responsible to make payments to your creditors, so, if you do not make the payments, they cannot sue you or continue to collect from you on those debts. It is important to understand the distinction between this and liens, which survive the bankruptcy discharge.
If a creditor took property of yours as collateral for their debt, the property continues to be the collateral for the debt even though you are no longer liable to pay. So, such a creditor can still take the property if you do not pay.
Example: You purchased a car and have a car loan. You own the car, but the creditor has a lien against it. If you do not pay, the creditor can take the car. The bankruptcy discharge only eliminates your obligation to pay, not the creditor's right to take the car if you don't pay.
Liens can also be placed against your property even when you don't agree to it. This happens most commonly when you are sued by a creditor and they obtain a judgment from a state court. A judgment automatically places a judicial lien against any real estate you own in Indiana. Therefore, if you own a home, and you have been sued by a creditor and that creditor has obtained a judgment before the filing of your bankruptcy, they have a "judicial lien" against your home for that judgment amount.
Liens are NOT automatically eliminated by bankruptcy. Only your personal liability (your obligation to pay the debt) is eliminated by the discharge. A judicial lien against your home will remain quietly attached to your home. You likely will not hear from the creditor in any way until you try to refinance or sell the home. At that point, the creditor will expect to be paid in full, with interest and other costs, before they allow you to sell or refinance with a clear title.
If you have pledged property you already owned to a lender in exchange for a loan, or if a creditor has obtained a judgment against you and you are the owner of real estate, you should definitely consider investing in having the lien avoided. Your attorney can give you more information about the process of avoiding a lien. It involves filing a separate motion in the bankruptcy court.
Since your case was closed in 2009, you will also need to reopen the bankruptcy case before moving to avoid the lien. Expect to pay a filing fee and attorney fees to reopen the bankruptcy and to avoid the lien...altogether likely in the $800-$1200 range.See question
No. The information is public record. If it is true, she did nothing illegal.See question