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Do I have to file a form? If so, what form? Or, will I hear from the Trustee before the court date?: Trustee for my chapter 13 wants to dismiss my case because I am 90 days behind. I can catch up but I get paid the day of the court date. I also need to give trustee 2013 and 2014 tax returns which I used to pay my mortgage. I only have 4 more months. I had my car repo ed. The car was sold for 2k and there's 8k balance. It is in my statement but no money has been applied to that. Is that debt going to be discharged in 4 months? I don't want to go to court, so I left a message with the trustees staff member letting him know that I can catch up but I need more time. I also don't have an attorney.

Asked about 1 year ago in Bankruptcy

Lisa’s answer: Aloha. You do not have to go to court, you may attend by phone if you get permission to do so from the court clerk. But you should first try to call the Trustee's office and explain that you will have funds on the day of the hearing and ask for a continuation. If he is not willing to grant a continuation, you will have to attend the hearing and ask the judge to allow a continuation. Were you in a three year or five year plan? You stated that you only have four months left. One way of dealing with this may be to amend the plan to give you extra time, but this will depend on whether you are already at the end of a five year plan. As to whether the auto will be discharged, you should have a lawyer look at that. If the creditor was noticed and did not file a proof of claim, the debt will be discharged. Since you are so close to discharge, I really think it would be worth hiring a lawyer to make sure things go smoothly. Good luck.

Answered about 1 year ago.


Am I still liable for corporate credit card balance even though I no longer have a corporation?: The credit card is in my name and not company name. The credit card was used to purchase goods for the business. We were forced to close our business when new land lord didn't renew our lease.
The credit card company sent me a summons to appear in court and addressed it to my name and my company name.
We tried to pay down balance up to a year after we went out of business but now we no longer can afford to pay.

Asked almost 4 years ago in Bankruptcy

Lisa’s answer: If you can no longer afford to pay it, you should speak with a bankruptcy attorney to see what your options are. In Hawaii, a corporation (or LLC) must be represented by an attorney in court. When you show up for your return date (second Tuesday after you were served with the papers, or whatever the date is in the district court where you are located, check the paperwork you were served) you can tell the judge that you need to seek counsel's advice before admitting or denying anything on behalf of yourself or the company. The judge may continue this hearing, or just set it for a pre-trial conference. You could ask for a September date to give you time to confer with a Hawaii bankruptcy attorney. Good luck.

Answered almost 4 years ago.


I declared bankruptcy two years ago. I did not reaffirm my mortgage but have been making the payments each month and on time.: Can I now sell my home for a profit and keep the profit I make. Example I owe $145,000 on the house and can sell it for $175,000. Can I keep the $30,000?

Asked almost 4 years ago in Bankruptcy

Lisa’s answer: Assuming your case has been closed (perhaps check with your bankruptcy attorney) and the trustee did not plan to administer your asset, you are free to keep the funds.

Answered almost 4 years ago.