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 »
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 »
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 »
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 »
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 »
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 »
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.
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 »
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.
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 »
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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