Can I sue a corporation that is in Chap 11 (I believe) bankruptcy in state court? I am not seeking damages but declaratory relief.
The automatic stay prevents any attempt to collect a debt. If the declaratory relief is to establish a declaration that cannot be construed as an attempt to collect a debt, then maybe. I occasionally see a bankrupt C11 debtor served with notice of a suit, but rarely the actual target.
You need to visit with a local bankruptcy attorney to give the specifics. Too cheap not to do this right. You'd have to hire one anyway or you would not get far - most state courts won't let you touch a bankrupt party.See question
We have been in Chapter 13 since 2012. Original term was 60 months to discharge, but the truck finance company said they would only accept 48 month pay-out. After 49 months my truck broke down and no savings to fix it. We went to the lawyer's offi...
The situation can be weird when a Chapter 13 does not result in a discharge. It CAN be that, had you continued with the bankruptcy, you would have been okay, but without the discharge, you lose the benefit of the plan completion. It sounds like you had crammed down the payment and interest, and then had made all payments to the finance company under the plan.
I'd go back to your bankruptcy attorney and ask them to see if some sort of arrangement can be made. If you were working on your own, then I'm afraid you are about to pay the price of saving the money on an attorney...by paying a lot more than you expected.See question
Promised in writing an $11,000 grant from my mortgage lender..now 3 weeks from closing he says he made a mistake and we are not getting a grant..can anything be done?
I'd be surprised if the writing doesn't have some weasel words in it, such as "subject to credit approval" or "or until resources run out" or "a potential zombie apocalypse occurs" or some other verbiage that lets them out.
Take the writing and a chronology of the story to a local attorney. It's cheap, and you'll have a fuller understanding.See question
I am trying to write a blog. Ive heard it gives money but im not sure and i dont know how it works. I am trying to write reviews on shoes but I dont know if im breaking the law for using nike or jordan shoes. Is that copyright? By the way, I do ow...
To avoid trademark infringement, you have to act in such a way that people reading your blog understand that you are not sponsored by those who own the trademarks of the products you are reviewing. As others have noted, nominative fair use of others' trademarks makes such writings possible and lawful.See question
Looking online at the County Court Registry, I see that I have been sued by a debt collector. A citation has been issued, but the court clerk says it has been returned to the Plaintiff’s attorney for private processing because the county court do...
I'd watch it to ensure that no return of service has been recorded, but there's no rush unless you have some reason to push it forward sooner.See question
I don't know that there is some magic limit. It's more of a 'how often' question. I don't know of any way to really force a deferment if they deny it. A Chapter 13 filing can help you get the payments reduced to something you can live with, maybe.See question
I am 69 years old and in 1998 or 1999 I took out a student loan and lately it's been a hardship for me because the government is taking money from my social security check.
No way to answer this question authoritatively with the dearth of information. A chapter 13 filing would give you a means of reducing the payment, but there are other programs that result in an income-based repayment of the debt.See question
Ex-boyfriend and girlfriend own a home together. (He moved out) two years later he filed for chapter 7 bankruptcy and the loan was not reaffirmed. A quick claim was also done removing his name from the deed. During the bankruptcy the mortgage comp...
It may sound like a cheap answer, but this is the kind of nuanced question that really requires a detailed analysis, complete with examination of all the documentation. I would not count on a general answer to suffice. You've given us one paragraph of information - this is no way that we can give a reliable answer that you can do something with. What if we tell you that, yes, sometimes a non-contract party can pay on the house? What good does that do you?
A visit to a local bankruptcy attorney would be really cheap and give you advice you can rely on. You'll need the bankruptcy number of the person who owned the house too, so the attorney can look at what the treatment of the mortgage was.
I cannot even guess what the right answer here is.See question
FEMA recoupment has allowed treasury to collect a debt I was unaware of from Katrina storm. 10 years ago They have terminated supposed the debt I found out through congress senator John Cornyn office I contacted for inquury. They are giving me t...
Not sure what you are asking. If you have a debt that should have been paid, then I'd contact the gov't organization that you think should have paid it.See question
I need help with a problem, I had a side business of doing promotional products and it was scammed out of a large amount $10,000 of products. It is a complete loss and was paying back a merchant service that covered the amount. I offered to pay $2...
You should visit with a bankruptcy attorney (there are lots of us around). However, if this is your only debt, I doubt I'd recommend a bankruptcy filing. This is just one debt.
You are a non-paying client, if you are not paying in the way that you said you would, but that's not the end of the story. Since you've already taken the hit on your credit, I'm not sure that I'd bother paying them anything. Eventually they'll sue, and at that point, you can negotiate a deal. In the mean time, save that $200/month and put it in a fund. In eight months, you'll have the money to pay a lump sum that they'll accept.See question