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1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: I have used a company named Beyond to perform a chapter 13. I have been in the program for over 6 months and my life,

I need help getting my life back . This company has already caused me to loose my car.

James L. Arrasmith
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answered on Dec 11, 2024

I understand you're going through a difficult time with your Chapter 13 bankruptcy, and the situation with Beyond has made things even harder. Losing your car is a serious setback that impacts your daily life, and it's completely valid to feel overwhelmed.

Your first step should...
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2 Answers | Asked in Bankruptcy and Landlord - Tenant for Washington DC on
Q: Can a landlord-tenant case be dismissed if filed during Ch 13 without BK court permission?

The landlord-tenant case was filed during a Ch 13 without BK court permission. After the L&T filing the Ch 13 was dismissed. The Ch 13 has been re-instated. The same landlord-tenant case is still pending and the BK court granted a lifting of the stay for the landlord in the 2nd Ch 13. Since... View More

Timothy Denison
Timothy Denison
answered on Dec 11, 2024

Yes, or at the very least, stayed.

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2 Answers | Asked in Appeals / Appellate Law, Landlord - Tenant and Bankruptcy for Missouri on
Q: Does a federal stay order on eviction that is being taken under advisement stop the state court from cont eviction?

I filed bankruptcy and the state court kept going with my case even though I had a stay order, the eviction lawyer filed a motion to lift the stay we had a court date I argued for it to remain in effect and the federal judge has taken it under advisement and the ruling has not been made yet. In... View More

Timothy Denison
Timothy Denison
answered on Dec 11, 2024

Yes, until or unless the federal judge grants relief from the stay.

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2 Answers | Asked in Bankruptcy for Virginia on
Q: My girlfriend filed bankruptcy in my name 11 years ago. Will they prosecute her now or has the statue of limitations exp

Has the statue of limitations expired for prosecution

Timothy Denison
Timothy Denison
answered on Dec 9, 2024

Yes. The statute of limitations is 10years and has expired.

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1 Answer | Asked in Bankruptcy, Consumer Law, Civil Litigation and Collections for Nebraska on
Q: How doninappeal and stop my replevins order?

I was never served. Bank changed attorneys and didn't notify me. I missed court date

James L. Arrasmith
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answered on Dec 11, 2024

Under California law, you have options to challenge a replevin order, even if you weren't properly served. Missing a court date due to improper notice or service can be grounds for setting aside the judgment.

Your first step should be filing a motion to vacate or set aside the replevin...
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2 Answers | Asked in Bankruptcy and Divorce for Texas on
Q: If service was not perfected in a divorce does a bankruptcy court have subject-matter jurisdiction to hear the lift stay

I am the debtor in a CH13, I was not served w/ divorce citation; my estranged spouse motioned the court for relief from stay of acts against property and other acts, to lift my CH13 stay in order to proceed w/ property division in District Court, I wasn't served & did not sign a waiver of... View More

Timothy Denison
Timothy Denison
answered on Dec 8, 2024

Yes. Bankruptcy court has jurisdiction regardless of service in divorce case.

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2 Answers | Asked in Bankruptcy and Divorce for Texas on
Q: Does a TX Bankruptcy court have jurisdiction to lift a stay so that a divorce case can proceed w/o service of process?

I filed for bankruptcy, my estranged spouse filed a motion to lift stay to allow the divorce proceeding to proceed, however I was never served with the divorce citation. Also, the case where the Divorce was file lacks subject matter jurisdiction.

Timothy Denison
Timothy Denison
answered on Dec 7, 2024

Yes. The judge can lift the stay but most likely will not. All the other questions would then be determined in the state court divorce proceeding.

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1 Answer | Asked in Bankruptcy for Ohio on
Q: We need help/advice today, on bankruptcy. We're about to lose house and only car we have. Louisville, ohio

Need reasonable, or easy payment plan, also.thanks

James L. Arrasmith
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answered on Dec 8, 2024

I hear how difficult and stressful this situation must be for you and your family. Financial hardship that threatens your home and vehicle can feel overwhelming, but there are options available to help you through this.

For immediate assistance in Louisville, Ohio, you can contact Southeast...
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2 Answers | Asked in Bankruptcy, Criminal Law, Divorce and Family Law for Texas on
Q: My husband was scammed out of $850,000. Please help me

:My husband was scammed out of $850,000. He joined a cryptocurrency investment group on Reddit and got scammed by people he met there. After seeing high-return pictures posted by the group, he decided to invest and joined the investment site they recommended. He then took out loans with an interest... View More

John Michael Frick
John Michael Frick
answered on Dec 5, 2024

You are going to need identify the individuals and/or entities that scammed your husband and any assets they may own in the United States. It is going to be very hard to pursue any claims until you identify the perpetrators of the fraudulent scheme. If they are citizens of other nations like... View More

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4 Answers | Asked in Bankruptcy and Family Law for Illinois on
Q: Husband cosigned a loan for daughter. She has cut off contact with us and is defaulting on her loan. Any recourse?

At time of cosign, the relationship was good. She chose to cut off contact and then stopped payment. We are getting hounded by creditors now. I'm near retirement and can't pay the $25,000 loan. Do we have any legal recourse?

Timothy Denison
Timothy Denison
answered on Dec 4, 2024

You can sue her for the payments.

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2 Answers | Asked in Bankruptcy, Contracts, Foreclosure and Civil Litigation for Texas on
Q: I require an affidavit as evidence of ownership interest. And, a contract to transfer cause of action in a controversy.

As a Texas resident, what must such an affidavit conform to. For example, It's form, substance, content of an affidavit (ex. must say in the name of the state of Texas, must have a particular sentence, must require a notary signature, etc.).

John Michael Frick
John Michael Frick
answered on Dec 3, 2024

It depends upon the purpose and intended use of the affidavit.

One form of such an affidavit can be found here: https://www.houstontx.gov/generalservices/affidavitofownershiporcontrol.pdf

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3 Answers | Asked in Bankruptcy for California on
Q: Do i need to attend a Case Management Conference from a lawsuit if I'm already filing for bankruptcy
Theodore Allan Greene
Theodore Allan Greene
answered on Dec 2, 2024

You need to let the Court know once you file your bankruptcy. The case then gets put on hold pending resolution of your bankruptcy. Make sure to let all current and potential creditors know that you have filed.

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2 Answers | Asked in Bankruptcy for Nevada on
Q: missed a deadline

attorney missed the deadline for motion to dismiss instead he answered the complaint and forever deprived me of filing a motion to dismiss. do I have any recourse?

Timothy Denison
Timothy Denison
answered on Nov 26, 2024

You may have a claim against the lawyer if the court will not allow you to file a late response.

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2 Answers | Asked in Bankruptcy and Contracts for Nevada on
Q: attorney never filed a motion to dismiss instead answered the complaint.

attorney missed the deadline for motion to dismiss instead he answered the complaint and forever deprived me of filing a motion to dismiss. do I have any recourse? Clark County Nevada

Timothy Denison
Timothy Denison
answered on Nov 26, 2024

You may have a claim against the lawyer if the court will not let you file a late response.

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4 Answers | Asked in Bankruptcy and Consumer Law for New York on
Q: Should I keep paying off my debt slowly, or is it better to consider bankruptcy as an option?

Hello, thank you for taking the time to read this. I have been struggling with over $100,000 in debt from student loans, a car loan, and credit cards over the past five years. My credit score dropped from 760 to 548 in one year, leading me to consider bankruptcy in 2022. However, after consulting a... View More

Carl Nelson
Carl Nelson
answered on Nov 24, 2024

You made the right decision by consulting with an attorney; this forum would not be a substitute for that type of in-depth consultation. If you are not confident in the advice you were given, you could reach out to another attorney for a second opinion. Unless you have precisely the same financial... View More

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1 Answer | Asked in Bankruptcy for Ohio on
Q: Can I pause my installment agreement payments to pay towards a chapter 13 bankruptcy
James L. Arrasmith
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answered on Nov 24, 2024

If you're currently making payments on an IRS installment agreement and considering Chapter 13 bankruptcy, you'll need to notify the IRS immediately about your bankruptcy filing.

Once you file for Chapter 13 bankruptcy, the automatic stay goes into effect, which temporarily stops...
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1 Answer | Asked in Bankruptcy for Ohio on
Q: Can I pause my installment agreement to pay for my chapter 13 bankruptcy
James L. Arrasmith
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answered on Nov 24, 2024

If you're currently making payments on an IRS installment agreement and considering Chapter 13 bankruptcy, you'll need to notify the IRS immediately about your bankruptcy filing.

Once you file for Chapter 13 bankruptcy, the automatic stay goes into effect, which temporarily stops...
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2 Answers | Asked in Bankruptcy for Ohio on
Q: Can I pause my installment agreement to pay for my chapter 13 bankruptcy
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Nov 23, 2024

An "installment agreement" for what? Youe house, a car, a debt consolidation program?

There are various ways to pay for a Ch. 13 bankruptcy, but to answer your question reliably, a practitioner will need your fully detailed financial situation.

Confer with an experienced...
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1 Answer | Asked in Bankruptcy and Divorce for Florida on
Q: Is my ex wife liable for repayment of money spent from a settlement that was part of a bankruptcy estate?

In 2023 we received 17k for damages from a back wages settlement. This settlement went towards a credit card and a car loan while we were married, both of which she assumed responsibility for in the divorce settlement Oct 2024. The settlement was from a case originated in 2016. We declared chapter... View More

James L. Arrasmith
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answered on Nov 23, 2024

This is a complex situation that intertwines bankruptcy, divorce, and settlement funds. The key issue here is that the settlement from 2016 should have been disclosed during your 2020 bankruptcy proceedings, making those funds part of the bankruptcy estate - even though you received them later in... View More

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