Skip to main content
Kurt A. O'Keefe

Kurt O'Keefe’s Answers

106 total

  • What do I do if Nissan doesn't accept my Chapter 7 discharge papers?

    I filed Chapter 7 Bankruptcy and it was discharged on 6/24/16. I'm trying to get my title from Nissan Motor Company and they will not honor my Chapter 7 discharged papers. They are stating that I still owe them and they will come and pick up my ca...

    Kurt’s Answer

    Did you have an attorney? Your personal liability on the car note was discharged. The lien remains. The bankruptcy discharge does NOT remove them from the vehicle title. Just like with a house. The mortgage lien remains after chapter 7, even though the personal liability is discharged.
    So the creditor can repossess the car, or foreclose on your home, if you do not make the payments.
    So, if Nissan was listed as a creditor, your liability to them was discharged. You do not have to pay them any money. If they repossess the car, and sell it for $5,000, and you owed $15,000 before the bankruptcy, that is their problem, as your personal liability was discharged.
    However, if you do not make the payments, they can still take the car.

    See question 
  • Can I buy a vehicle (using my credit) or is there more I have to wait for?

    I was in a chapter 13. It has been seven weeks (02-01-2016) since the trustee sent a letter stating I have completed the Chapter 13. I have received two checks back from trustees office for over-payment and filed a certificate for domestic suppo...

    Kurt’s Answer

    First, your lawyer should answer this question.
    Second, the case is not over officially until it is closed, after the discharge is issued. And some other events, like the trustee final report.
    The letter from the trustee is helpful, but has no legal significance, that is, it is not a court order closing the case.
    As for incurring credit, this is where you need to check the specific provisions of your plan, or amended plan, that was confirmed, and, the order confirming plan.
    Those will tell you if you are constrained from borrowing money, or, borrowing over a certain amount.
    You should check with the creditor, whoever you think you are applying for a loan with, to see what their requirements are. Those will trump the law.
    That is, the case being discharged and disclosed, does not require them to give you a loan.
    Each creditor has its own policy on lending.
    My experience is that if the case is still open, the creditor wants a court order allowing you to borrow the money. They may tell you they need a letter from the court, but, courts do not do "letters."
    Consult your attorney on this.

    See question 
  • Will I be discharged after my claims are paid in full in the next 10 month period or will I continue to through May of 2017?

    My chapter 13 petition was in December 2011 and I started making payments in January 2012. Due to an objection, my plan wasn't confirmed until May of 2012. So I made 5 months of payments. On my Trustee statement as of 12/31/15 my claim amounts ...

    Kurt’s Answer

    I occasionally file plans that state the plan commencement date is the date the first payment is due. Check your plan, and order confirming plan, to verify the dates in your case.
    Of course, if you hit 100% payment to your unsecured creditors, the Trustee will close out the case.
    Otherwise, tax refunds, or any additional funds that come in, will be used to increase the payment to unsecured creditors.
    The length of the plan controls, that is, you say "my claim amounts appear to be paid in full by December 2016."
    But the 60 months is ordered in the confirmed plan, so that is when it ends, (unless creditors who filed claims are 100% paid) not whenever the dollar amount you committed to unsecured creditors is paid.

    See question 
  • Good morning, my wife and I need to find an attorney that specializes in CHAPTER 7 bankruptcy as soon as possible. Thank you!


    Kurt’s Answer

    look for a lawyer certified in consumer bankruptcy law, with an office convenient to you.
    you will need your creditor information, and monthly budget of income and living expenses.

    See question 
  • Can I purchase a vehicle after my closing date of a Chapter 13? This is before receiving any discharge or dismissal.

    Chapter 13 closing date, completed all 5 years.

    Kurt’s Answer

    The model plan in Detroit bankruptcy court, made an order of the court by the Order Confirming Plan, states that you need court permission to incur credit over a certain amount.
    Probably $1,500, but check YOUR papers.
    However, there is no sanction for violating this provision.
    I have never seen it enforced.
    As the other answers mention, the first issue is if a lender will finance you if a bankruptcy case is pending.
    As already indicated, the closing of the case is the LAST event, after the discharge is issued.
    If the case is dismissed, there is no impediment to you getting any credit.
    Not sure what you mean by "closing date".

    See question 
  • Can I try to get this judgement dropped ?

    I live in Detroit,Michigan - I hired a Chapter 13 Lawyer who said there would be no problems - I never met the Lawyer only her paralegal who was my rep @ the hearing - 1 house visit on the last day to file -never received any copy of the paper wor...

    Kurt’s Answer

    First, I am sorry if an actual licensed attorney treated you this way.
    Paralegals cannot appear on behalf of people in court. Is the "she" who has a judgment against you the attorney?
    Chapter 13 is a payment plan bankruptcy, is that what you filed?
    You really need to go over this in detail with an attorney. I have offices in Detroit.

    See question 
  • I know that would be considered fraud, is it highly unusual for a person to get financing for a vehicle before a ch 7 discharge?

    I filed a pro se chapter 7 on 11/25/15 and I am currently awaiting discharge. I was going to reaffirm my vehicle but it was totaled on December 28, 2015. Now I do not have a vehicle. I have been trying to obtain financing for a vehicle but no want...

    Kurt’s Answer

    Lucky the reaffirmation was not in effect when the car died, to look on the bright side. The trustee is NOT your representative and has nothing to do with you getting credit after filing. Nor can the court force anyone to lend you money. If you cannot wait, maybe finding a co-signer would work.
    There is no fraud unless you lie about something relevant to getting the loan.

    See question 
  • Abandonment of home by trustee after Ch 7 discharge

    In October of 2014 my Ch 7 bankruptcy was discharged. There was a house and the trustee just informed me and the court that he was abandoning it and filed a notice with the court. I only owe $17, 000 on the mortgage and have someone who wants to...

    Kurt’s Answer

    yes, make sure the abandonment is filed with the court first.
    The discharge has nothing to do with the trustee administering the estate.
    The discharge means you no longer have personal liability on the debts, with the statutory exceptions like child support and student loans.
    There is no deadline for the trustee to complete administering the estate.
    When you filed your case, by operation of law the bankruptcy estate was created, which consists of ALL property of any kind in which you have an interest.
    You also filed claims of exemption on your property, to exempt it from trustee administration.
    The trustee has a limited time after your 341 hearing to file written objections to those exemptions, or they stand as claimed.
    It is the trustee's job to reduce non-exempt assets to cash for the benefit of creditors.
    Again, make sure you have a copy of the filed abandonment before any sale.

    See question 
  • I recently filed bankruptcy chapter 7.

    I forgot to add my car loan on the paperwork. Can I add it after I filed? and if so what schedule would it be put on? Can I keep the car if the payments are current? Also I have a land contract can I continue to stay living in the property listed ...

    Kurt’s Answer

    Well, you need a lawyer.
    Not sure which paperwork you mean.
    For Chapter 7 bankruptcy, a car that you own, or are buying, is listed as an asset on Schedule B, with its value.
    If there is a lien on it, NOT a lease vehicle, that creditor information goes on Schedule D.
    Keeping the car depends on the creditor and their policy, most want the money, not the car back.
    You need a lawyer to advise you about the consequences of reaffirming that debt, or, not reaffirming it.
    Filing a bankruptcy case does not require anyone to move.
    The question is, is the property exempt.
    That depends on the value of the property, the land contract balance, and what state you live in.
    Again, you need a lawyer for this.

    See question