The Owner/ Seller needs to check with a bankruptcy attorney, in person with all the specific paperwork related to the property. If the lien was avoided or stripped off, than there is litigation to get the lien off the title. If it wasn't at the time, than the seller needs to find out whether it is...Read more »
The statement of financial affairs, question 3c, asks for a list of all payments made to an insider creditor within the last 12 months. Is it possible to simply have the money returned to me, add it to my assets, which are exempt, and then add the creditor to my schedule F?
The bankruptcy filing is public information and can be found by going to the court and looking up the case. The social security number of the person filing is protected for privacy reasons. Occasionally something else will be protected through an order of the court.
If the case is still open, you can amend your creditor list and your schedules, pay a filing fee and get the creditor listed. You will have to send notice to the creditor of the bankruptcy. If the case is already closed, the court might grant permission to reopen the case. You would have to ask the...Read more »
I am a creditor in a bankruptcy hearing. The debtor was found to have committed fraud by embezzlement, and the judge did not allow full discharge. Can I still file a complaint with the DA's Office regarding the crimes committed, where the debtor admitted to theft by misrepresentation, selling... Read more »
Yes, and I would also contact the department of Justice and the the office of the U.S. Trustee. If you are the one injured by the embezzlement, you may also be able to take that court finding of embezzlement and use it as solid evidence in a private lawsuit against them.
Modification even my payments the payments are current. Last week I have received a Notice of Motion and Motion for relief from automatic stay. It says that I don't have to go to the court, but it is confuse i don't know if the lender wants I move the property from the bk, or they want that I got... Read more »
Filing a bankruptcy is serious business. Doing a bankruptcy without an attorney's help is very risky, depending on your situation. I don't know what city you are in, but I would go to the website for the National Association of Consumer Bankruptcy Attorneys, find a local attorney, take your papers...Read more »
You may have legal defenses and even a right to sue for harassment under the Fair Debt Collections Practices Act. These law suits are usually filed for free by attorneys because if you win, the attorney gets paid by the debt collector.
Bankruptcy attorneys often offer free consultations. In...Read more »
If it is a valid IRA, then it should be exempt in the bankruptcy. That means that if the petition is filled out properly and the exemption is taken correctly, then bankruptcy law says that the IRA should be safe. Sometimes people lose assets that should be safe if the bankruptcy is done carelessly,...Read more »
To get paid anything, you have to file a proof of claim form with the bankruptcy court. You have to file your claim within the correct time limits for that case. You can find a proof of claim form here.
For the bankruptcy, you can go to the federal bankruptcy database called PACER. It is available free to the public in the clerk's office at Federal Courts, or you can get your own account here. https://www.pacer.gov/psco/cgi-bin/regform.pl
Or, you could ask a local bankruptcy attorney....Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.