Archived
My tenant in my rental house was being evicted. We got a writ of possession on Tuesday. On Wednesday he filed Chapter 13.
Brian's answer
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Answered on May 02, 2013
In my jurisdiction, your Writ of Possession means he no longer has even a possessory interest in the premises and the Sheriff would ignore the BK...
UCC 1 Filing & Unsecured/Credit Card Debt
Brian's answer
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Answered on May 02, 2013
You are essentially correct. UCC1s perfect security interests ... which the CC Co's do not have. However, if they sue you, obtain a judgment, and...
Archived
If you are facing a sheriff's sale - what does filing Chapter 13 Bankruptcy do?
Brian's answer
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Answered on May 02, 2013
A Ch13 will stop the sale (for now, at least) and give you up to five years to pay the arrears while you keep up the regular mortgage payments. It...
Archived
Filed motion for sanctions and creditor misconduct. In court, the credit admits to the stay violation. Judge still denied
Brian's answer
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Answered on May 02, 2013
If the judge denied sanctions it was because (s)he decided that the stay violation was not willful and/or malicious and there's no point appealing...
Archived
I have been in bankruptcy for 3 months now. Someone suing me moved thier case to the bankruptcy court. Can I oppose this?
Brian's answer
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Answered on May 02, 2013
Mr Daymude is correct ... in fact, the plaintiff may already have a default judgment. But ... maybe not. You need to file an answer to the...
Archived
Does Chapter 7 discharge a small claims court judgment made on a case that was initiated after the Chapter 7 filing date,
Brian's answer
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Answered on May 02, 2013
For what it's worth, if the debtor was driving under the influence at the time, any personal injury damages were not discharged.
Archived
Should digital content be listed as assets in bankruptcy?
Brian's answer
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Answered on May 01, 2013
You have the right to use the city park, too ... but you don't have to list it on your BK papers. What they're looking for are use rights that can...
Archived
Can a lease for a commercial building be included in a bankruptcy by tenant
Brian's answer
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Answered on May 01, 2013
It sounds like you are the landlord and are wanting to know if you should attend the meeting of creditors next week. I don't know what deadlines...
Archived
Is it my responsibility to call a company I was making payments to on some equipment after filing for BK?
Brian's answer
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Answered on May 01, 2013
It is not your responsibility as long as they were listed in your BK Schedules with their correct address. The fact that they never contacted you...
Archived
MY VEHICLE WAS REPOSSESSED, I WOULD LIKE TO KNOW I IF I FILE FOR CHAPTER 13,
BANKRUPTCY, COULD I GET MY VEHICLE BACK,
Brian's answer
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Answered on April 30, 2013
Yes, if you file your Ch13 before the vehicle is disposed of, you can usually have it returned (assuming you can show it's insured).
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