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Questions Answered by Justin M. Gillman
2 Answers | Asked in Bankruptcy for Texas on
Q: Are there penalties for a single creditor who delays a bankruptcy case via multiple claims on the same mortgage ?

The Chapter 13 bankruptcy case I’m referring to has a creditor (mortgage lender) who has made multiple claims on 1 mortgage. The court has ordered the creditor to submit one correct claim.

If the creditor drags the case on longer because of this, is there a penalty for the creditor?... Read more »

Justin M. Gillman
Justin M. Gillman answered on Oct 26, 2018

First, this is a complicated enough issue that you should certainly review with an experienced bankruptcy attorney. With that said, it is not uncommon to see these issues. If the Court has entered an Order directing the Creditor to file a "corrected" claim and the creditor has not done so, you... Read more »

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2 Answers | Asked in Bankruptcy for Michigan on
Q: I'm at the end of a Chapter 13 . How do I file a Post Petition Financial Management Course. My attorney skipped on me.

Do I have to get another attorney? I received a letter from the Trustee's Office that in order to receive a discharge I am required to complete a post petition financial management course and to contact my attorney. Mr. Adam Gantz/Gantz Associates has not responded to emails or phone calls. I... Read more »

Justin M. Gillman
Justin M. Gillman answered on Oct 26, 2018

Many of the Debtor Education/Financial Management course providers actually file the certificate with the Court on your behalf after you complete the course. You can usually find approved providers on the Court's website or at the website for the United States Trustee in your district. Should... Read more »

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3 Answers | Asked in Bankruptcy for Washington on
Q: Can I keep my car if I need to file for bankruptcy?
Justin M. Gillman
Justin M. Gillman answered on Aug 8, 2018

You don't provide a lot of information but generally yes. If there are no payments and you can protect the vehicle with your protections under Chapter 7. If there are payments and you continue to make them (or catch up through Chapter 13), yes also. The question does not provide enough... Read more »

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2 Answers | Asked in Bankruptcy for Virginia on
Q: I filed bankruptcy and was discharged in 2011. How long do I need to wait to file chapter 7 again.
Justin M. Gillman
Justin M. Gillman answered on Aug 6, 2018

I assume you filed a Chapter 7 in 2011. You cannot file another Chapter 7 within 8 years after the prior Chapter 7 and receive a discharge. So that would mean 2019 - 1 day after the "anniversary" of your prior Chapter 7 filing. The Bankruptcy Code allows you to file Chapter 7 without a... Read more »

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2 Answers | Asked in Bankruptcy for California on
Q: In a Chapter 11 BK of a married couple, do both of them (as trustees of their bk estate) need to get their own EIN?

This is an initial return filing of a joint bk petition. I know that each has to file their own tax return, as stated in Publication 908 page 3. It states that the estates are treated as two separate entities for tax purposes. But I am unsure of whether they each need their own EIN number to use... Read more »

Justin M. Gillman
Justin M. Gillman answered on Jul 30, 2018

No individual (or married couple) needs to get a "new" EIN when you file Chapter 11. Also, there is no requirement that married couples file individual tax returns.

Individuals (or married couples) who file for Chapter 11 must be current in their tax filings but the Bankruptcy Code...
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2 Answers | Asked in Bankruptcy for Kentucky on
Q: was in chapter 7 got discharged now in chapter 13 got case got drop due to my payments now wanna can I file chapter 7?

I am in a situation I have filed chapter 7 and was discharged in 2014 but ended up back in chapter 13 in 2016 but my case got drop due to payments and now wanna now can file chapter 7 again?

Justin M. Gillman
Justin M. Gillman answered on Jul 30, 2018

You can file a Chapter 7 but you cannot get a discharge in the case. The Bankruptcy Code states that you cannot get a discharge for 8 years after a prior Chapter 7 discharge. Starting in Chapter 13 is not a reason since its been 4 years since your last Chapter 7.

Not sure the reason you...
Read more »

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3 Answers | Asked in Bankruptcy for Arizona on
Q: What is a Notice of Trustee's Final Report and Applications for Compensation and Deadline to Object (NFR)?

I just received this notice and I don't know what it is and what it means to me. Do I owe more money (that I don't have)?

It reads:

The final report shows receipts of: $3,506.00

and approved disbursements of: $1,983.36

leaving balance on hand of: $1,522.64... Read more »

Justin M. Gillman
Justin M. Gillman answered on Jul 30, 2018

Notice of Trustee's Final Report indicates that the Appointed Chapter 7 Trustee is filing a required report stating how the money/assets that the Trustee recovered were distributed. Final Report suggests that the Trustee has completed their liquidation of assets and recovered $3,506.00. The... Read more »

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3 Answers | Asked in Bankruptcy for New Mexico on
Q: I have a point based timeshare where do I list that on the schedules??
Justin M. Gillman
Justin M. Gillman answered on Jul 30, 2018

Under the "new" forms in Bankruptcy, there is a reference to the fact that Timeshares, even "point-based" shares, should be listed under Real Estate Interests. That is Part I of Schedule A/B. You should list the information on the number of points and their value as well as any other information.

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3 Answers | Asked in Bankruptcy and Foreclosure for New Jersey on
Q: The investor's lawyer called me a liar and wants me Subpoenaed to go to court ! Is this normal ?

My bankruptcy attorney had a court hearing to get my mortgage reinstated. The lender's lawyer objected to everything and called me a liar and said, they had a agreement with my first lawyer to sell my home. I never gave my first lawyer or anyone else permission to sell my home. The lender's lawyer... Read more »

Justin M. Gillman
Justin M. Gillman answered on Jul 30, 2018

Your experience sounds relatively common but obviously you should ask your current attorney how he or she feels the case is proceeding. Often, those who are not experienced in the legal system misunderstand arguments before a court to be "accusations". You state you wish to cure your mortgage... Read more »

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