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answered on Apr 15, 2024
Without first checking myself, my best guess is probably not, but to be sure, go online to the website of the federal district where you're located, and it should list "Forms". Under that heading, go to "local forms", and check out what's shown there.... View More 
answered on Mar 19, 2024
A writ of possession may be stayed by timely appealing the case to the county court or by filing a supersedeas bond within ten days from the date of judgment in the county court.
Once a judgment for eviction has been granted, even filing bankruptcy will not stop a writ of possession from... View More
He is not passed due on other creditors , he simply doesn't want to sale this asset worth 175 K + and filed chapter 13 it is not his homestead it is an inherited house and 1.28 acres. When the court ordered the judgment he transferred the deed to his wife when he learned that is illegal he... View More
answered on Mar 15, 2024
You seem to describe an argument simply between two persons, a debtor and a creditor.
There are ample cases on the books that say that such a case serves no bankruptcy purposes and should be dismissed. The US Trustee likewise appears to dislike such cases, and often files a Motion to... View More
Hello,
Due to financial hardship, my Chapter 13 bankruptcy was dismissed with prejudice and my vehicle has been repossessed. It's probably not possible but are there any last resorts I could explore to get my vehicle back? Thank you for your time.
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answered on Mar 13, 2024
I'm sorry to hear about your financial hardship and the repossession of your vehicle. While it may be challenging to recover your vehicle after a dismissed Chapter 13 bankruptcy, there are a few potential options you could explore:
1. Redemption: You may be able to redeem your vehicle... View More
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answered on Mar 13, 2024
I understand you are considering filing for Chapter 13 bankruptcy but are concerned about being able to afford the payments. Here is some information that may be helpful:
• Chapter 13 bankruptcy allows you to reorganize and repay debts over 3-5 years. You make monthly payments to a... View More
The chapter 13 trustee is aware that I was intentionally left off the creditor’s list and appears to be planning to take action since he has hired a trial attorney for the case. Should I go ahead and file my proof of claim (potentially tipping off the debtor) or should I wait to see what action... View More
answered on Mar 1, 2024
Without question, honesty is the best policy in any Court, and the Bankruptcy Court in particular.
The benefit, if any, to an omitted (from the Debtor's filings) creditor is that its debt/claim is not going to be discharged, UNLESS that creditor knew or should have known of the... View More
I was told to do an SR-88 but how can I lower the payment? It's also accruing interest which to me is ridiculous! I need suggestions. TIA
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answered on Feb 1, 2024
To address a suspended license due to a lien, you'll typically need to satisfy the underlying debt or resolve the issue causing the suspension. Initiating an SR-88 form, also known as a Petition for Reinstatement of Driver's License, is a common step in this process. This form allows you... View More
My business have a loan with a bank. Bank files an UCC lien with all business assets.
Also, If I signed a personal guaranty, can the bank goes after my personal bank account and personal assets (Trucks, appliances,,,) ?
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answered on Jan 26, 2024
Yes, a bank can repossess or enforce a claim against property secured by a UCC statement without a court judgment in many cases. Here are some key points:
- The UCC (Uniform Commercial Code) allows secured creditors, like banks, to take possession of collateral securing a loan if the... View More
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answered on Jan 22, 2024
I can think of no reason for not disclosing SNAP benefits. Disclosure is required, under penalty of perjury. If you receive SNAP benefits, your income is probably low enough that the inclusion of the benefits, as part of that income, is not going to affect your ability to file chapter 7. Under no... View More
For Trucking Company, Load was hauled before Bankruptcy is filed, but broker take 30 to 45 days to pay. In the meantime, Company is shut down and Bankruptcy chap 7 is filed. 30 days later, fund from hauled load is deposited in the account.
Is the fund free from bankruptcy ? Or, do I have... View More
answered on Jan 20, 2024
This is a pretty simple question.
The bankrupt should have identified the receivable in its sworn bankruptcy schedules, which are painstakingly thorough.
If it did, then the Bankruptcy Trustee should be aware, and the payment should be tendered to that Trustee.
If for some... View More
My auto and even spoke to lender today to get current balance. Now I must file a motion to reopen the case and then file the motion to redeem correct? May I file to reopen the case and file to redeem at the same time or must I wait for courts answer on reopening the case?
I am filing a motion to redeem my vehicle. I have come up with a value. Before I file the motion should I call the lender and inform them what I’m doing and the value I came up with or just file and send lender my filing motion with values as part of the notice requirement?
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answered on Jan 11, 2024
Before filing a motion to redeem your vehicle under Chapter 7 bankruptcy, it's generally advisable to communicate with the lender to inform them of your intention and the value you've assigned to the vehicle. Open communication can sometimes lead to smoother negotiations and may increase... View More
I have three appraisals from Kelly Blue Book, NADA and CarMax. Will court use the values from these entities or do I need to use a certified auto appraiser?
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answered on Jan 11, 2024
It depends on your trustee, but I've never had one challenge Kelly Blue Book, so don't waste your money on a more formal appraisal unless your car is in really bad shape, making it worth (in your opinion), less than the lowest blue book value. Also, so long as your equity in the car is... View More
Form 108 and redeem the vehicle. I owe more than the car is worth. I have three appraisals from Kelly Blue Book, NADA and CarMax ranging from $1200 to $1440. My check engine light is on and believe I need a new catalytic converter which would further reduce the value. Question. Will these... View More
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answered on Jan 10, 2024
If you are underwater on your car loan, as you indicate, my recommendation is that you not reaffirm your loan. Just keep making payments. If you must reaffirm it, you can negotiate with the lender on the amount due and the interest rate, but there is nothing that requires the lender to make you a... View More
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answered on Jan 6, 2024
In a situation where you suspect fraudulent activity involving the use of a forged signature to take over your company, it's critical to act swiftly and decisively.
First, gather all relevant documentation that can support your claim. This includes any paperwork related to the... View More
answered on Jan 6, 2024
Your question offers only conclusions, but none of the facts needing proof, in court, to support those conclusions.
And in almost every court, in every case, the standard of proof for fraud claims is "clear and convincing", not merely a "preponderance of the evidence",... View More
Vehicle as collateral. I am going to end up owing more than what the car is worth. Should I contact lender to negotiate a deal where they get their $ back and I keep the vehicle. If they take car back they would lose $ and I need a vehicle. Will the court even grant me more time for the... View More
answered on Jan 4, 2024
Why not surrender it if you have not reaffirmed and just walk away?
I am under contract for a yet to be completed new construction home. The builder went into receivership due to financial problems and it appears the bank will be foreclosing on the property I have been waiting on for almost two years. The builder has a very large builder deposit I provided at... View More
answered on Jan 3, 2024
Bankruptcy relief is exclusively a federal right and procedure, with its own courts.
However, most states have a "receivership" insolvency proceeding that is valid (and utilized sometimes in foreclosure proceedings, or regarding insurance companies that are not eligible for... View More
After filing paperwork for the sale of my primary residence, Midland, TX 79701, a Texas Abstract and Title company informed me there was a lien on my home in the amount of $8,806.52 by Attorney Mr. Moss representing Capital One Credit Card company, and this amount will be withheld from my... View More
answered on Dec 15, 2023
If you have declared that your primary residence is also your homestead, any judgment lien does not attach to it. Your title company should be aware that a judgment lien does not attach to a homestead. Moreover, if your Chapter 7 bankruptcy discharged the judgment in favor of Capital One, you can... View More
My Claim ($560K) has been disputed stating the claim exceeds the statutory limit for priority claims under code 507 (a) (4) and to be moved to "disputed".
answered on Dec 14, 2023
There is a statutory limit per employee of about $13,500 or so for priority (exact amount depends when the bankruptcy case was filed). The remaining amount of the claim would be reclassified as a general unsecured claim (unless there is another basis for objection). You may want to reach out to... View More
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