That is certainly not a simple question to answer and without more facts, I would be unable to do so with any certainty. I assume you have filed a probate action? I have handled both probate and guardianship cases and you always need a court order to sell an asset of the estate and if the property...View More
I successfully did it on my own with the final judgment awarded in late March and the auction scheduled for April 30. The morning of the auction the debtor showed up with Ch.13 bankruptcy papers and the auction was cancelled. This morning her bankruptcy was dismissed due to non compliance and... View More
I agree with Barbara and I am not sure what district you are in but generally, reopen the case, file the order dismissing the bankruptcy and request that a new sale date be scheduled. You can attach the order to your request for a new sale date.
for equitable distribution as well as ordered the marital home to be sold immediately, we had a buyer who offered 1.2 mill and ex refused b/c he wanted full asking price, there is about $700k equity. He told Bk court house was valued at $225 thousand. We also owned another property with a lot of... View More
My attorney has just notified me of his suspension and need to find new counsel. I have filed counterclaims and defenses with exhibits proving the new plaintiff is no a holder in due course. I have TILA violations, FDCPA violations , Breach of contrat including fraud in the inducement ,appriasal... View More
Although I handle those types of cases, I am not in Punta Gorda. Call Mark Dann at Dann Law 877-475-8100. If he cannot handle the case he should know someone who can. Or email email@example.com or intake at Dannlaw.com.
AS OF MONDAY, AUGUST 17TH THE CITY OF DEERFIELD BEACH WILL NOW BE ACCEPTING RENTAL, MORTGAGE AND UTILITY ASSISTANCE. I THEN WENT TO MY LANDLORD TO SHOW HER THIS NEW DEERFIELD BEACH ASSISTANCE PROGRAM. I THEN REQUESTED A W-9 FORM (DOCUMENT) FROM HER (LANDLORD) WHICH WAS REQUESTED BY DEERFIELD BEACH... View More
You must put the past due rent into the court registry OR file an answer showing why the rent is not due and owing. Eviction is a very quick process so you should try to retain an attorney, call Legal Aid if you qualify or otherwise get representation immediately as applying for aid is no defense...View More
we own a home in Florida and of course plan on keeping it. I noticed my mortgage company stopped reporting on my credit, and it also appears my lawyer never reaffirmed the house as the mortgage company advised me when I called them, although my lawyers office told me to call the bank and they do... View More
Depending on the district you are in, you may be able to reopen the bankruptcy case, vacate the discharge for purposes of filing the reaffirmation agreement, file the reaffirmation agreement and obtain the order and have the discharge reissued and the case closed. We can do that in the Southern...View More
I invested in a property to which I have a promissory note and after the 6 months, I would be receiving my investments back plus the interest. The promissory notes specifically states the address of the property I have the note against. 5 months in to the agreement, the debtor sold the property and... View More
Basically you have an unsecured debt in bankruptcy but you may be able to be paid out of the proceeds of the sale. Was the property the homestead property of the person who sold? My advice is to immediately retain an attorney who understands real estate, contracts and bankruptcy law and have them...View More
The deferred principal of a mortgage under a modification agreement has to be repaid in accordance with the terms of the modification agreement. Without reading it, I can't state with 100% positivity but usually the deferred portion does not need to be repaid as arrears in a chapter 13...View More
I am in the process of filing Ch. 13. Our Foreclosure judgement lists an amount appox. $31k for "streamline mods" as part of the total due back to the lender as part of the foreclosure. This is an amount of prinicipal that was deferred to either sale of home or maturity of loan as part of... View More
You should be able to list this is a separate obligation or keep it separate from the amount you are reinstating under the plan. I have handled many of these and while they are fact specific, they usually do not need to be repaid as part of the arrearage. It can be listed with specificity under...View More
Was your judgment released in your bankruptcy, or only the debt? If it was only the debt, then typically the judgment remains to cause you grief later if you refinance or even buy a home or otherwise need to access your credit. If the judgment itself was not released then you should call your...View More
My Ex took $1000 that did not belong to her. She claims the taking was in error. She wrote a check to repay the $1000 which bounced due to NSF. She told me she was stopping payment on the check and filing bankruptcy. She demanded I return the check to her. I refused unless she signed a payment... View More
I believe you have violated the automatic stay as you state you were aware she was filing for bankruptcy before you cashed the check, the debt was unsecured and even though you were not given formal notice, you were put on notice and had an obligation to research first. Even if you did not violate...View More
I just found out one month before retirement, an old business civil lawsuit judgment from 12 years ago is attempting to be collected. I would like to consider filing chapter 7 bankruptcy. I am 65 years old and planning to retire this year. Pre-retirement my income was $175,000. Post retirement... View More
You should speak to a local attorney as determination of what chapter under the bankruptcy code is a complicated and detailed matter. But good news - if your post retirement income is pension and/or social security it may be fully exempt.
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