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answered on Jan 27, 2014
Look around for a special. Alternatively, most attorneys provide payments plans, but the case is not filed until you are paid in full.
answered on Jan 27, 2014
You can confirm if they filed Bky by Signing up for PACER, it is a free governmental service, as long as you use less than $15 a calendar quarter. Then sign on at the District Court's Bky Site for the specific district and perform a search. From the Docket you can print copies of the documents... View More
answered on Jan 27, 2014
Generally, you are required to live in a District for a minimum of 180 Days to file there. There are additional time periods which apply for the use of exemptions, so although you maybe able to file in TX, you maybe forced to apply NC laws. You should consult with an attorney, such a question can... View More
answered on Jan 27, 2014
Debt is not the only thing to look at when considering Bky. Income must be examined to confirm you pass the Means Test (income is compared to those in your community). You must also examine transfers/sales (court could reverse transfers or sales for less than market value) and exemptions (you... View More
When bankruptcy closed then adverary appeal dismissed as moot is the dismissal with prejudice or without prejudice
answered on Jan 27, 2014
It would say in the Order if it was With Prejudice. It the Order lacks such terminology, barring the refiling for a specific period then it appears to be Without Prejudice.
answered on Jan 27, 2014
Most often when a Bky is Dismissed, it is done with Prejudice, which means you are barred from refiling for a period of 180 days.
Only $30k owed but she has not made any payments on this home can I take over payments?
answered on Jan 27, 2014
As long as the home is still in her name, yes. However, I would strongly suggest you have an attorney and get title insurance, as there maybe other issues.
Only $30k owed but she has not made any payments on this home can I take over payments?
answered on Jan 27, 2014
As long as the home is still in her name, yes. However, I would strongly suggest you have an attorney and get title insurance, as there maybe other issues.
answered on Jan 27, 2014
Debt is not the only thing to look at when considering Bky. Income must be examined to confirm you pass the Means Test (income is compared to those in your community). You must also examine transfers/sales (court could reverse transfers or sales for less than market value) and exemptions (you... View More
answered on Jan 27, 2014
Generally, if it was done for merely "Estate Planning Purposes", this is usually not an issue. However, if you have an overly zealous Trustee, he/she may claim, based upon how long ago the transfer was made and a lack of consideration, that it was a "Fraudulent Conveyance with the... View More
answered on May 11, 2013
I'm not 100% what you are referring to, but if you are referring to your chapter 13 trustee having a balance on hand, that is not unusual.
Your chapter 13 trustee cannot make distributions to your creditors, unless and until the Bankruptcy Court approves the plan, or the Trustee is... View More
answered on Mar 21, 2013
There is a $306 filing fee currently charged by the U.S. District Clerk to file a Chapter 7 case. If you are very low income and have no assets, it's possible to ask the court to waive that amount or let you pay it in installments.
There may also be a small fee for the required credit... View More
answered on Jan 27, 2014
Yes. However you will no longer be legally obligated to pay your mortgage. If you chose not to pay, they will foreclose on the property, In Rem (against the property) and be prohibited from seeking a judgment In Personan (against you personally). A foreclosure would still include your name, to... View More
answered on Jan 27, 2014
If you are a natural person, verses a fictitious (i.e. corp, llc, etc.), you are permitted to represent yourself in court. However, Bky is a VERY COMPLICATED area of law, involving a combination of State Laws and Federal Procedures.
answered on Jan 27, 2014
Sign up for PACER, it is a free governmental service, as long as you use less than $15 a calendar quarter. Then sign on at the District Court's Bky Site for the specific district and perform a search. From the Docket you can print copies of the documents filed.
www.dont-sweat-the-debt.com
answered on Jan 27, 2014
Attorney's fees range nationally from $500 to $3,500+, depending on the Chapter and level of difficulty. There are two required classes, one pre and one post-filing, which range from $22 total to $50 per class. The court charges $306 for a Chapter 7 and $281 for a Chapter 13.
answered on Jan 27, 2014
If you are a natural person, verses a fictitious (i.e. corp, llc, etc.), you are permitted to represent yourself in court. However, Bky is a VERY COMPLICATED area of law, involving a combination of State Laws and Federal Procedures.
answered on Sep 10, 2012
By signing up for PACER. It is a free govt service, as long as you use less than $10 of services per calender month. Then login for the bky court in that jurisdiction and do a search.
Mortgage Servicer submitted a proof of Claim form to the Bankruptcy Court for relief from the automatic stay, claiming to be the mortgagee of record and holding the first security interest in debtors real property.
Once granted, it then proceeded to foreclosure in behalf of another party,... View More
answered on Sep 10, 2012
I doubt it is fraud. Frequently mortgages are bundled and then sold as securities. Your "Mortgage Servicer" is just that, mearly a service provider, i.e. agent, of your mortgage company. When and if an actual foreclosure is subsequently filed, the plaintiff would have some weird name... View More
What does it mean if I got a letter saying that there will be a hearing to dismiss the Chapter 11 without 30 day waiver? where can I get the money they still owe me? Help please completely lost!
answered on Sep 5, 2012
Dismissal is not a Discharge. They still owe you. I would suggest sending them a certified letter, demanding payment within 30 days. If they do not pay sue them. The 30 day part sounds like an error. Usually, there is a 90 day prejudice period, prohibiting refiling; however this will not stop... View More
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