If you payoff an auto, even one that is being paid outside the plan, then the trustee may move to have your plan payment increased as it would appear that you have additional disposable income. Thus, you may need to show why you will not have by amending I & J. The trustee will probably also... View More

I have no idea, because in my 38 years of practice, none of the trustees in my state have been sued since I started practicing. If you are the debtor, then I doubt that you would have standing to sue for a violation of trust as the trustee's fiduciary duty is to the priority unsecured... View More

A motion must be filed with the bankruptcy court that requests that the automatic stay be lifted to allow you to proceed with eviction proceedings. Court cost must be paid to file a motion to lift. The fee for filing the motion is $176.00. Most courts will also require that you prepare the... View More

You need a bankruptcy lawyer. If you are pro se, you should consider contacting an experienced bankruptcy attorney to see if you can save the home. If you have a bankruptcy attorney, you should contact your attorney this week.

The amount of debt or type of debt has no bearing on whether you can file a bankruptcy petition. The question is what relief you will get if you file and is that relief worth the cost to file and its effect on your credit.

If you decide to file a petition for relief under the bankruptcy... View More

Your question is not clear, but I think you are saying that a husband and wife have a 1st mortgage on their home and you hold the 2nd mortgage on that home. Now that same couple has filed for divorce, and you are worrying about collecting if they file for divorce. The other possibility in your... View More

You must be asking how long a bank has to foreclose on its mortgage. The lien would have been perfected when the mortgage was enrolled in the land records for the county in which the property is located which was probably long before you filed your bankruptcy.

In our state, the statute... View More

Search for an experienced bankruptcy lawyer by using the "Find a Lawyer" link a the top of this page. Then plug in bankruptcy for the practice area and your county or city and state and click on the search link to the right of the county or city and state. You can search state wide,... View More

I am not sure that I fully understand the facts or your question. I think you are saying that the automatic stay was lifted in your ex's chapter 13 bankruptcy case to allow you and your attorney to proceed in the North Carolina Divorce Court, and the Divorce Court ordered your ex to pay you a... View More

You have quite a few problems with those facts. I am not licensed in California, but if some of the things that you and your wife did in my state, then you have created more problems than you would have had you not made the transfers. If you convey your homestead and put it in an LLC, then the... View More

There are 2 types of obligations that are created in a divorce decree: 1) domestic support obligations such as alimony or child support, or obligations in the nature of alimony or child support, and 2) an obligation that is set up as a division of property and/or debt. Without more facts, the... View More

If you are asking if the bankruptcy case is dismissed or converted, will the confirmation of the plan require that the lender accept the payments provided for in the plan, the answer is no. For example, if the confirmed plan is paying a lower interest rate and paying the value of the collateral,... View More

Through the years, I have seen many people that filed bankruptcy for them selves and ended up losing assets that they could have kept had the had representation and that have agreed to reaffirm and pay back debt to keep items on which they could have avoided the lien instead and paid nothing to... View More

The legal term that results in a bankruptcy debtor losing his right to collect on a debt is "judicial estoppel". I have never seen judicial estoppel used after a judgment was obtained. Instead it is normally raised during the lawsuit filed by the bankruptcy debtor that did not disclose... View More

I think that you are confused about what is happening. A secured claim, and a home mortgage is entitled to receive interest on its debt. However, if you are paying the arrears (back payments that were due at the time you filed your case), the mortgage lender is not entitled to collect interest on... View More

Provided you are married on the date that that the bankruptcy case is filed, you can file a joint case. The fact that you were recently married or that you have no joint debt is not a factor in the ability to file a joint case.

No. The mere fact that a spouse has filed bankruptcy does not have any effect on the credit score of the non-filing spouse. However, if the husband and wife have joint debt, only the filing souse receives a discharge of that debt. Thus, if the non-filing spouse does not continue to make the... View More

Yes, a limited liability company can file a chapter 7. However, the LLC will not receive a discharge at the end of the case as an individual does when an individual files a chapter 7 bankruptcy case.

The court charges a $30.00 fee to file an amendment adding one creditor or multiple creditors provided all are added at the same time. There is some case law out there that says that if the creditor was left off the schedules and was not added until after confirmation, then you could be precluded... View More

Call your attorney. Your attorney should have a pacer account. He/she can look online and find the status of your case.