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I'm in a land contract and I want to file a chapter 13 what happens to the home?
A simple answer to this simple question is pay and keep it or don't pay and get out of the obligation, your option.See question
40 years same employer. They owe me 15 checks (they paid me on occasion- small amounts). I am still going into work. I filed with labor board. What happens if: they don't show up, They file bankruptcy, or if I win, how do I collect?
It is not necessarily a loss. You should consider filing a proof of claim. Determine from the form whether some or all of it is a priority claim. A claim with the labor board is subject to the automatic stay and cannot priceed if it is for non-payment of pre-petition wages. if there are other unpaid employees perhaps you could all consult with one attorney to save money.See question
I purchased a home on 2/25/15 paid cash for it 18.5k but now is worth way more after renovations there are zero liens except the 2015 and now 2016 summer taxes aprox $1450. The county has the Home assessed at $21,700 but multiply by 2 in to get th...
As the other attorneys have said, this is not straightforward. The basic problem you face is that your claim of residency in Texas is inconsistent with the Michigan property being your homestead. But there have been cases in which a homestead exemption was given extraterritorial effect, so there might be a way to thread the needle.See question
I need to file a proof of claim form as part of a bankruptcy case, and I wanted to know if this is something that a lawyer should handle? Or is this something I can do on my own? If I need to contact a lawyer, what type of lawyer should I reach ...
I agree with the prior answer. It could be as simple as filling out the form and sending it to the bankruptcy court, which may bookkeepers do perfectly well, but claims do become complicated. For example, a lease-rejection claim probably requires a bankruptcy attorney. There are also potential jurisdictional issues -- not usually an issue, but this is another example of the potential complexity.See question
My company filed for Chapter 11 bankruptcy. I had a 2 year contract with them when I started. Since the filing, I haven't received any bonuses, raises, etc (about a year). Of course I want to do what is best for my career, so I started looking ...
I agree with what the other two attorneys wrote. In addition, you could file a motion for an order requiring the company to either assume or reject the contract, but that does not seem practical.See question
I have a lawyer. He gave me some really bad advise about claiming I could reduce my default interest rate from 18% to 6% and spread the payments over 30 years. I now know that is impossible under a 2016 case that recently came out in 9th Circuit....
You could possibly get the case dismissed by filing a motion for dismissal. If all of the creditors are mortgage holders and the stay has been lifted, the chapter 11 may serve no purpose. Getting it dismissed within days is between difficult and impossible. Perhaps the foreclosing creditor will put off the sale until after the case is dismissed, or approve the refinancing subject to the case being dismissed.See question
I want to file a lawsuit in small claims court against a small business owner who lost the lease for her business and she has basically walked away from it all leaving several angry clients and vendors and she still owes me $950 for services provi...
If a chapter 11 is filed, your lawsuit will be stayed as would be the enforcement of any judgment. Whether you might receive payment cannot be determined from the information you supplied.See question
I am President and 50% shareholder of an S Corp that is failing. The other owner and I have signed personal guarantees for two commercial loans. If the business closes and cannot repay the loans, how can I protect my home and IRA from the debt?
You may be able to claim the home and IRA as exempt, either in a bankruptcy or outside of a bankruptcy. The answer is too complex, and the information you have supplied is not sufficient, for a complete answer to be given here. You need to seek legal advice and I am confident that you will find it worthwhile to do so.See question
What happens if I sell a non-exempt property mid-way through my Chapter 11 bankruptcy's 5-year payment plan? The property in question was paid for long before I filed, and still has no liens on it. The amount I am paying impaired, unsecured credi...
Generally, confirmation of the chapter 11 plan revests the property of the estate in the debtor. That means that you could sell it. Hiwever, you need to determine that the pkan does not place any restrictions on the property.See question
Prior to filing a Chapter 11 bankruptcy, I opened a business under my wife's name, two months prior. Can I conduct business with her company while my case is still active?
The way your question is phrased implies a problem. If you filed a personal chapter 11 and your wife owned a business, your personal 11 should not impinge upon your the operation of your wife's business. But you say that you "opened a business under your wife's name". This implies that you are the true owner and your wife a straw (wo)man. You need to consult with an attorney and hope that no one who thinks that you are up to something reads your posting and connects it with you. Perhaps I am reading too much into what you wrote and your wife does own the business.See question