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My corp. filed for chapter 11 was liquidated and dissolved but we are sill being pursued by a creditor. What should I do now?
Cindy's answer
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Answered on November 04, 2013
Assuming the case has been closed, and this is a simple collections action, the creditor is free to pursue his remedies against the corporation. ...
Archived
Chapter 11 - what is the time frame to file an objection to a claim?
Cindy's answer
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Answered on November 04, 2013
As indicated by other counsel, the Code does not set a deadline, but individual courts might do so. The time to file and objection, absent a...
Archived
I lended 250,000.00 a hard money loan he filed chapter 11 ...What now?
Cindy's answer
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Answered on October 22, 2013
As stated by the other counsel, you don't give enough information to tell you what you should do now other than to talk to an experienced...
How can I determine if creditors have been paid by the bankruptcy court?
Cindy's answer
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Answered on October 16, 2013
Your question leaves out some important information. IF I am reading the question correctly, there are unclaimed funds being held FOR THE DEBTOR...
Archived
What is the proper way to establish value for a vehicle in determining the secured portion of a claim vs. unsecured?
Cindy's answer
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Answered on October 14, 2013
Kelly Blue Book (or NADA or any other book value) is only a starting point. Find an appraiser, provide him with whatever documents you have that...
Can the estate, not the heir, file for bankruptcy(chapter 13) to stop foreclosure of the estate's property?
Cindy's answer
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Answered on October 14, 2013
As stated above, an estate cannot be a debtor under the Code. If the estate is in probate, the heir should talk to your probate attorney to see...
Archived
I filed chapter 7 in 2009. Not paying my 2nd mtg for 4 mos.. Can the lender foreclose on my home though am current on first?
Cindy's answer
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Answered on October 14, 2013
I assume you are asking if the holder of the 2nd mortgage can foreclose on your residence. If you are not making payments, usually yes. The...
Archived
How does cramdown work? Currently I owe 22k on my car but 2k of it is unpaid interest. I bought the car 1 yr ago. Can i pay 20k?
Cindy's answer
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Answered on October 14, 2013
In a chapter 13 it is unlikely that you would be able to cramdown the debt on your vehicle if you purchased it only a year ago. The Code allows...
Archived
Is it routine for my Chapter 7 trustee to ask for bank statements at the 341 hearing?
Cindy's answer
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Answered on October 14, 2013
In the Eastern District of CA (of which Modesto is part) the chapter 7 trustees now request bank statements routinely. Many include a request for...
Archived
If I hire an attorney to do my bankruptcy, does this mean I can't waive my chapter 7 filing fee?
Cindy's answer
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Answered on September 23, 2013
In the Eastern District of California, the court will not waive the fee if you pay your attorney. You should be aware, however, you may be able to...
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