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Thomas P Kelly III's Answers (931)

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I was in a chapter 11 that was converted to a chapter 7.

Thomas's answer | Answered on June 09, 2015

Check to see if the creditor timely filed a proof of claim. If they did not, you may be able to object to the claim on the basis that it was...

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What case laws (CA) show a statement made "on information and belief" is NOT an admission?

Thomas's answer | Answered on May 25, 2015

Is this a statement in a verified complaint? If so, it means you did admit this under penalty of perjury. However, this is the typical...

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Sued by creditor after Chapter 7 Discharge

Thomas's answer | Answered on May 25, 2015

Consult with a BK attorney who handles adversary proceedings - that is just another name for a lawsuit in the BK court. It appears the creditor has...

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How do I find out when my chpt 7 bk is discharged

Thomas's answer | Answered on May 25, 2015

The easiest way is to call the BK court clerk's office, give them your case number, and ask if the discharge order is entered. They are usually...

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I'm in Chapter 7 petetitioand we have a status conference set the Trustee attorney filed s status report. Do I need to file one?

Thomas's answer | Answered on May 25, 2015

I agree with the prior answers - there is not enough information to answer the question. Why did the trustee request a status conference, and why...

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I filed Chapter 7 and was not in my home at the time of filing so didn't receive the exemption. I have back taxes but the

Thomas's answer | Answered on May 25, 2015

I agree with the prior answers. You need an attorney RIGHT NOW. You are at great risk for losing the $100K equity. Do not attempt t handle this...

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I'm in a chapter 7 bk & in the process of doing a short sale.

Thomas's answer | Answered on May 25, 2015

I agree with the prior answers, but another approach is to consult a real estate broker who handles short sales. They are generally familiar with...

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How many days do i have to file ammendments for added creditors on my chapter 7 bankruptcy after i have been to the meeting alre

Thomas's answer | Answered on May 24, 2015

You are free to amend the schedules in a chapter 7, and creditors that were not listed initially are discharged whether they are listed or not....

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Bankruptcy 7. I mistakenly did not file future lawsuit.. What grounds to oppose Judicial Estoppel do I have?

Thomas's answer | Answered on May 24, 2015

Judicial estoppel turns on whether you knew about the claim at the time your filed for BK, but also, did the claim exist at the time your...

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Bankruptcy filing time line

Thomas's answer | Answered on May 24, 2015

The 8 year rule cannot be changed by the judge. It is set by statute. Your best bet is to try to muddle through until you meet the 8 year...