Archived
Can the majority shareholders of a bankrupt company revoke the S Corp status during the bankruptcy with a Trustee appointed
Michael's answer
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Answered on July 10, 2014
This is a very complex question. You're asking the right questions but you need a good attorney to help you. I would not feel comfortable saying...
Archived
If I have a signed 2nd Deed of Trust and Note as the Lender (privately held) and the Borrower is in Default as of May 12th 2007
Michael's answer
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Answered on July 10, 2014
The part of your question which worries me the most is where you say, "can I lien the home?" A deed of trust is worthless if it has not been...
Archived
Is it possible to get rid of student loan debt through Chapter 7? I've read that it's possible, but difficult.
Michael's answer
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Answered on July 09, 2014
I would double check the Income Based Repayment (IBR) you've alluded to. I can't imagine a scenario where IBR will show that you have a lot of...
Archived
Chapter 11,13,or7
Michael's answer
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Answered on July 09, 2014
Any of the bankruptcy options you've asked about will stop collection activities. 1. Which chapter is appropriate for you? 2. Is bankruptcy even...
Bounced Paycheck from former employer who has now filed Chapter 11
Michael's answer
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Answered on July 02, 2014
At some point, if you're not "accidentally" paid sooner, you will need to file a proof of claim. If things are done correctly, you should not be...
Archived
I am trying to avoid judicial estoppel in my main litigation case after file Ch 7 and the defendant is under Ch 11 themselves.
Michael's answer
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Answered on June 25, 2014
I think this is too complicated of a question for Avvo. You also may be making admissions and or saying things here that can be used against you....
Archived
I financed a small business sell with the business assets as security on the loan. The buyer has now failed to pay as agreed.
Michael's answer
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Answered on June 18, 2014
The sale documents control a lot of your rights. Without taking a look at those and knowing other facts, it's really hard to tell what your rights...
Archived
What is the Min amount of disposable required for chapter 13 bankruptcy ?
Michael's answer
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Answered on June 18, 2014
The least you can pay your creditors in a Chapter 13 is 0%. The determination of what you must pay depends both on your disposable income as...
Archived
In a chapter 11 bankruptcy how are claims involving barter or foreign currency handled where the US dollar value is variable?
Michael's answer
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Answered on June 10, 2014
I don't think the law is completely settled on this issue. If there are liens involved it is even more complicated but in general claims are fixed...
Archived
Can a two bankruptcy cases under joint administration later be substantively consolidated?
Michael's answer
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Answered on June 10, 2014
Depending on the facts and circumstances, substantive consolidation can heavily favor either the Debtor or the creditors. Whichever side you're on,...
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