Does the filing of Chapter 11 bankruptcy hold off a sale of a property due to non payment of real estate taxes?
Michael's answer
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Answered on April 15, 2014
This answer can become very complex but in general it does because *worst case scenario* you have an equitable right to potential excess proceeds...
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If I am a creditor owed money by an individual who files Chapter 11 bankruptcy, what is considered proper notice to me?
Michael's answer
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Answered on April 15, 2014
Yes, it's considered notice. I would not play around.
Most likely the best option for you is to file a claim, but what about something more...
Archived
If one's small business employer has to take a Chapter 11 Bankruptcy, would the employees suffer too?
Michael's answer
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Answered on April 14, 2014
In a typical Chapter 11, there are first day motions that attempt to preserve these prepetition type of obligations. If for whatever reason it is...
Archived
BUYER filed Chapter 11 on land purchase. Buyer must release $1,000 to keep escrow extension alive. Can SELLER cancel if no pymt
Michael's answer
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Answered on April 09, 2014
I don't think there is a simple answer to this question. Most questions are very fact specific. For example, I don't think the 60 day rule under...
Archived
Can I file a Lender Liability Suit for wrongful following of a Ch 11 agreed court ordered plan?
Michael's answer
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Answered on April 01, 2014
Typically what we do is file a motion with the court something like:
(1) ORDER ENFORCING CONFIRMED PLAN OF REORGANIZATION; (2) ISSUANCE OF ORDER...
Archived
Will the court consider mitigating evidence when granting a 2004 exam for Chapter 11? Can I have counsel present at a 2014 exam?
Michael's answer
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Answered on March 21, 2014
I would be concerned that there are ulterior motives behind the 2004 examination. Your lawyer will charge you his hourly rate and should insist on...
Archived
My husband filed a chapter 11 to avoid going to trial inMD. Here in MI he received a a subpoena to appear at the MD court .
Michael's answer
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Answered on March 01, 2014
His bankruptcy attorney will know all the details and should be the party that is consulting you on this situation.
In general, if husband is...
Archived
Can I be sued for a debt that someone already had discharged in a bankruptcy?
Michael's answer
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Answered on February 28, 2014
The father's bk may have wiped your wife's obligation to her father but not to the bank.
You have to defend against the lawsuit though.
Archived
If file chapter 7 on my small LLC, will it involve my personal finances and assets?
Michael's answer
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Answered on February 28, 2014
There may be some situations where filing for a business is appropriate but for the most people, it's not. There are two other alternatives,...
Archived
In Chapter 11 bankruptcy. Attorney for our home mortgage refuses to take payment in full and is pushing for 2004. What to do?
Michael's answer
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Answered on February 26, 2014
If the attorney for your home is refusing to take payment in full, and for some reason you want to pay it off in full, then have your attorney do a...
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