The Federal Rules of Bankruptcy Procedure are just that, procedural rules.
"Fraud on the court" is a serious accusation, and several statutes, as well as court and bar rules, may apply. Remember, proof of fraud is generally required to be proved by clear and convincing evidence,...Read more »
Were the debts you are talking about adding, incurred prior to the filing of your chapter 13 case or were they incurred since the filing? Also, a chapter 13 case can be dismissed voluntarily, by filing a request with the Court. I suggest you talk with a bankruptcy attorney directly to discuss...Read more »
If you have a judgement it's usually for 10 years. You can then re-new for 10 more years but have to pro actively deal with it. It's not automatic. You used the term statute of limitations which is something completely different. You should sit down with an attorney and get some help so...Read more »
I am pursuing a California professional state license that requires a credit check and might need to clear up some old judgments from 10 and 14 years ago. I can pay the amounts originally owed, but adding on the interest pushes beyond what I can afford. Is it possible to make this type of deal with... Read more »
A bankruptcy lawyer should be able to provide you with legal advice and representation for this matter. In fact, both of those judgments may have expired and become unenforceable due to the passage of time, unless they were timely renewed.
His scheme to play victim and try to retaliate again. He has cases such as this since 2000. Lost truck, collections asking for $38.675 calling it eviction aftermath and Mayhem. Despites and fixed. I have tons of evidence that I didn't get to show because my SC case heard 11/20. UD was... Read more »
In this case, 10 years have passed, there is no renewal, no attempt to collect or attempt to pay by any party. Does the interest continue beyond the 10-year time a judgement is valid? Is it possible to negotiate a settlement agreement to pay the original amount owed without the interest added and... Read more »
There is a possibility that a judgment creditor will negotiate a settlement for less than the debt amount owed; however, this is never guaranteed. A settlement agreement largely depends upon your circumstances (i.e., negotiation, the creditor, the debt amount, collection history, etc.)....Read more »
Multiple causes of action is routine and are generally plead in the alternative. They can also prevail on all causes of action. They may also prevail on one cause of action and lose on the other. That is why they do that. Nor does the BOP have any impact on the alternative causes of action. The BOP...Read more »
I make $20 an hour , I got behind on payments because I lost my job and I am in debt for $7000, all cards are in collection to debt agency charged off. One of them is suing me , I could settle that but I won't be able to settle all if any others come after me but may be able to pay monthly .... Read more »
We are looking for lawyers who specialize in bankruptcy law and insurance coverage law to help us figure out our situation. In short, we had a contractor building a new custom home for us, abandon our job, file for bankruptcy and move out of state taking money with them that was intended for... Read more »
Yes, it's an asset. You need to request relief from bankruptcy to proceed against the limits of the insurance policy. Also, the contractor's insurance policy does not provide coverage for shoddy work. It does provide coverage if your property is damaged by shoddy work, e.g., you have...Read more »
I'm over 70, income limited to two union pensions (both ERISA) and Social Security. I have credit card debt that's in the process of the creditor seeking a judgement. I have a credit union in Massachusetts but live in California, does Mass. law prevail or my actual residency (Mass. is... Read more »
Filed personal chapter 7 bankruptcy. Listed a wage claim against me and the employee separately on the filing. Labor court took me off the case and listed in judgement I was not liable, only the business. Case was listed correctly so I’m good there. The employee’s address was incorrect on the... Read more »
I was contacted by a law firm representing US Bank. For a credit card that was open in 2005 and payments made on it until 2008. A balance of 5000 was never paid. I have no recollection of this. It has never been on my credit report. It could have been opened by my ex wife. We were going through a... Read more »
I am part of the CWA Frontier CA. We do have a contract but I have a civil case against Frontier CA that all the actions within that Civil case are in the contract. Frontier has placed my case in the bankruptcy. I have been searching to have the dismissal of my inclusion. Any help is appreciated.
We need help with how we should word the motion filed to withdraw vs dismiss or what to call it? What is the best way to go about doing this to be 100% sure we are not responsible for the defendant's attorney fees and can the defense come back and try to sue us after we either withdraw or... Read more »
you really want to have an attorney contact them to try to get some money and then when they say no, to ask if I can get them to drop/dismiss the case, we would want a release agreeing that each side shall bear their own costs.
if they know you are going to give in, then they may not agree...Read more »
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