Following a Chapter 7 Bankruptcy discharge, a vehicle is then repossessed. The debtor then takes the after market radio from the car while gathering personal belongings from the car, after it has been repossessed. Is the theft of the after marke...
A little short on detail.
Repossessed by the creditor who financed the vehicle? Or another creditor, pursuant to a judgment?
Or pursuant to a post-petition debt?
Where was the vehicle when this happened?
Who is asking?
I am an executive in the health care field in Michigan. I am currently going through a divorce and chapter 13 bankruptcy. My HR department was notified of my bankruptcy as my payments to the bankruptcy attorney were set up to be payroll deducted...
Bankruptcy cases are public records, so there is no right to privacy as to having filed.
The payments go to the trustee, not the attorney, unless something is very wrong.
Unless there is some specific company policy that was violated, you are out of luck.
Purchased a 2008 dodge grand caravan through rpm auto sales. 5 weeks after the purchase, it was supposedly stolen. With paperwork as proof of purchase and having proof of insurance, is it possible to file bankruptcy against rpm auto sales?
I do not understand your question. Is there a debt owed by you to rpm auto sales?
"Is it possible" is a bad way to start a question, I think what you want to know is if the debt you have (?) is dischargeable in bankruptcy.
Was the car stolen from you?
I lost my job about a month ago, and i just got hired at a job that i start next Monday. I explained to my landlord but he seems unwilling to work with me. I have LOTs of other debt that i will be including as well.
All bankruptcies include ALL debt. That is, every debt must be listed. Rent is a dischargeable debt, one that you can get rid of in Chapter 7 bankruptcy.
However, leases have specific treatment under the bankruptcy code. If you assume a lease, you have to bring it current. So, if you want to stay living in the same apartment, you have to make up the back payments.
You can reject a lease, and not pay, but then you will have to move.
Filing Chapter 7 bankruptcy does buy some time in delaying eviction or other collection proceedings by the landlord, but only for a short time.
I tried to reform with snap on however never got a response back from them and I got my discharge . Can they go after me or try to repossessed tools back for me . If yes what's the best way to deal with them.
I think you mean "reaffirm." The discharge eliminates your personal liability, so they cannot come after you. If they have a valid security interest in the tools, they could be repossessed. Though you could make a deal to just buy them at that point. Snap on does not want the cost of taking tools back and re-selling them. There is no reaffirmation in chapter 13, so I assume you were in chapter 7. If you were in chapter 13,, your plan determined snap on's status.See question
I went to the meeting of the creditors chapter 7 and the trustee has an issue with my a equity in the house and he said that he will be sending a realtor to the house We send him an appraisal for the house however we never heard from him an...
There is no deadline as to how long a trustee can keep a case open. The clerk of the court actually closes the case, but this cannot be done without the Trustee having filed a final report.
You should have a lawyer. You will not get a copy of the final report, but the court sends an email to the attorney of record when the trustee files a no asset report, which is done when the trustee concludes that, there are no assets to administer. That is, that are non-exempt that it would be worthwhile for the trustee to pursue for the benefit of creditors.
The trustee would not be objecting to anything in this case. Normal practice would be, if she/he determines that there is no equity, file a no asset report.
If the determination is that non-exempt equity exists, the trustee first offers to sell that non-exempt equity to the debtor.
E.g., if the home is worth 100k, and there is a 50k mortgage, the equity is 50k. If there is a 30k exemption, there is 20k left for the trustee to administer.
If the home is sold, the mortgage and exemption have to be paid before there is anything for creditors.
And, there will be expenses of sale, like a realtor commission, as well.
The trustee does not give the discharge, the court does.
The discharge does not end the case. It has nothing to do with the trustee administering assets.
If the trustee is taking no action, you can file a motion for the trustee to abandon the property, which releases any claim the trustee might have.
This is complicated stuff that should be handled by an experienced bankruptcy attorney.
Me and my mom own a house and we're both on the title. I filed chapter 7 bankruptcy . Will she be able to exempt anything if she not in the bankruptcy if trustee decide to sell the house
This is an example of why you need an attorney to file bankruptcy. Technically, your mother cannot exempt anything, as her interest in property is not part of the bankruptcy estate.
However, a trustee can sell property that is jointly owned by someone who did not file bankruptcy.
But the trustee has to pay her, in this case, one half interest in the proceeds.
I do not know if you have a lawyer, or if you properly filled out the exemption schedule. There are three different choices for exemption for a home in Michigan.
Without knowing the value of the home, and the amount of any liens on the home it is impossible to know which exemption would be best for you.
I need help to file bankruptcy because it is to the point where my checks are going to be garnished. I pay a great amount of my income in child support and I'm having some trouble. I've heard that driver responsibility fees can be included becau...
Your check will NOT be garnished if the child support is being taken out of the check, unless you have amazingly low child support payments.
Driver responsibility fees are included, they are dischargeble. You may find a attorney who will take payments, but it is difficult because an unpaid balance of attorney fees is a debt that would be discharged in the bankruptcy.
Chapter 13 is a payment plan. From the limited information disclosed in your question, I think Chapter 7, wipe out the debt bankruptcy would be the better option for you.
I filed a Chapter 13 bankruptcy in 2014. My original attorney did a good job with my case but hired a fresh out of law school attorney in late 2015 and gave him my case. To sum it up this new attorney made several mistakes in crucial points of my ...
First off, I am sorry for how you were treated. Anyone can pull out of a chapter 13 at any time, just by filing a pleading with the court. The trustee is not involved.
For malpractice, you have to prove negligence, and, you can only recover damages caused by the professional negligence.
Did the delay in getting the refund check cost you any money?
Did you pay for two more months than if the case were dismissed when you requested?
You should discuss with an attorney the damages caused by the wrongdoing.
Then have a letter written to the firm demanding they make good the damages.
I have sent all my tax return forms and refunds to the trustee. I recently amended my 2013 tax return and received a refund. I had to use the refund for an emergency. I am close to the end of my 5 year term. I know the trustee does a final aud...
This has to be a Chapter 13 case, not a Chapter 7.
You should still have an attorney. Who should file a plan modification to allow you to spend the refund on the emergency.
You are obligated to send the amended return to the trustee, or, to your attorney to forward to the trustee.
Assuming that your plan requires you to pay refunds to the trustee, which seems to be the case from your question.
The trustee CANNOT dismiss your case, he can ask the Judge to do so. Only the judge can issue court orders, like dismissing a case.
The trustee is not likely to object to the plan modification, if it is a true emergency, and, if it does not lower the amount the plan proposed to pay unsecured creditors.