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the deadline has passed in a chapter 13 bankruptcy
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answered on Feb 24, 2024
No, if the deadline for a government agency like the Department of Education to file a claim in a Chapter 13 bankruptcy case was January 23, 2024, then generally the Department would be out of luck if they failed to meet that deadline and tried to file a month later.
In bankruptcy,... View More 
The vehicle has more owed than value, the bank account only receives money from social security which is only source of income.
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answered on Jan 3, 2024
If you return a car to the bank and still owe money on it, the bank may try to recover the remaining debt. However, Social Security funds generally have protections against most types of garnishment.
Under federal law, Social Security benefits are protected from garnishment for most debts.... View More
The vehicle has more owed than value, the bank account only receives money from social security which is only source of income.
answered on Jan 3, 2024
Social security benefits are generally exempt under most if not all state laws, so general creditors cannot use the court systems to capture your benefits.
Most banks are federally chartered, or are insured by the FDIC, and because of that, tend to comply with federal law and requirements.... View More
Based on Debtors’ Schedule A/B and valuation of $120,000.00
placed on the subject real property and, based on Claim #21 in the
amount of $37,739.40 filed by Bank of Commerce evidencing a deed of
trust lien on said property, it appears to the Court there is approximately... View More
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answered on Nov 27, 2023
An "Agreed Order Sustaining Objection to Exemptions" typically means that there was a challenge to the exemptions claimed by the debtors in their bankruptcy case, and the court has issued an order regarding this objection. In this context, it appears that the court has recognized that... View More
I lost hours and had to choose between paying my utilities bills and supporting my daughter senior year and failed behind the only notice I received were that my case were dismissed the letter were sent out on the 25th of January and I received it on the 31st of January and on the 1st of February... View More
answered on Feb 1, 2025
Yes, you can file a Motion to Reinstate to request this from the judge if you are able to catch up how much you were behind. If you cannot. you can also re-file a new case.
I was approved for a student loan discharge via disability and am in the 3 year monitoring period. Unfortunately that period will not be up until Dec 2026 which is beyond the period where you don't get a 1099-C. Since the Dallas court ruled that in our district we can only have our student... View More
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answered on Jul 18, 2024
Your understanding of the court ruling in Dallas seems accurate. If you are already in the three-year monitoring period for disability discharge and still qualify as disabled, you may be able to pursue an adversarial proceeding in bankruptcy to discharge your student loans without receiving a... View More
Can someone please tell me what is the max allowed exemption for a vehicle in a chapter 13
OBJECTION TO EXEMPTIONS ON AMENDED SCHEDULE C , the Chapter 13 Trustee (the “Trustee”), by and through
counsel, and objects to the Debtors’ claimed exemptions on Amended Schedule C (Dkt. #57) as
follows:
1. The $400.00 exemption claimed for the 55” flatscreen TV... View More
answered on Dec 18, 2023
If the context is accurate, it appears to say that you have claimed a $400 exemption for your tv when the appropriate exemption amount if $150. Check with your lawyer for more clarification.
I do not have any income. Would filing chapter 7 work and can I do the paper work myself with success.
answered on Jul 12, 2023
You possibly could avoid the liens in bankruptcy but you really need a bankruptcy profession to handle for you. I would not be optimistic for your success doing it on your own.
answered on Jul 12, 2023
Check with your local bar association or legal aid society. Both maintain lists of pro Bono and reduced fee attorneys.
Capital one after it gets dismissed capital one will not try an get my vehicle if I chose to continue to make payments and they are current just want to make sure
answered on Jun 18, 2023
If you continue to pay as agreed and are current, you should not have any trouble just continuing to pay after dismissal.
Did some minor repairs for a friend and they were not satisfied and wanted a refund.
answered on Jun 15, 2023
Yes, IF the claim arose after you filed for bankruptcy, it's called a "post-petition debt." A post-petition debt isn't subject to the authority of the bankruptcy court. You won't be able to rely on the automatic stay to stop them from pursuing the claim, and the debt from... View More
Take them if they’re current after my bankruptcy is dismissed
answered on Jun 14, 2023
If current payments have been accepted, under state law, the property cannot be repossessed.
AGREED ORDER EXTENDING DEADLINES FOR CASE TRUSTEE AND U.S. TRUSTEE TO FILE $727 COMPLAINTS AND MOTIONS FOR DISMISSAL FOR ABUSE
On ore tenus motion of the debtor(s) and the trustee in the above styled cause to extend the deadlines for filing § 727 complaints and/or a motion to dismiss for... View More
answered on Jun 7, 2023
The deadline for the trustee to file a complaint against you or a motion to dismiss for abuse has been extended. While not knowing the circumstances of your case, this is generally due to them not having enough information from you at the time of your 341 meeting to conclude the meeting.
Do I just continue to pay them or what will happen I’m just making sure they can take my home after the bankruptcy is over thanks
What will happen if I file a chapter 13 bankruptcy will they ask me to refinance or will they take my home
answered on May 25, 2023
They cannot ask you to refi or take your home if you file a chapter 13 petition.
I home is financed threw a bank with a convention loan how does this work if I file chapter 13 bankruptcy
answered on May 25, 2023
You can include your home in a Chapter 13 plan, and your payment remains the same. If you owe an arrearage, you can spread out and pay back the arrears over the life of the plan.
My husband and I bought this lot in 2014 and we have a quit claim deed can if we file chapter 7 can bankruptcy take it
answered on May 20, 2023
A Chapter 7 bankruptcy trustee stands in the shoes of the debtor with respect to all assets of the estate.
The bankruptcy schedules require you, under penalty of perjury, to list all your assets.
The answer to your question is yes, the property, if it has equity value, can be sold... View More
She quit paying and didn’t tell me she filed. I found out too late to be added to bankruptcy. What’s the best way to get my money back? We signed a promissory note.
answered on May 11, 2023
A chapter 13 bankruptcy case can last up to five years from its filing.
You do not say when the bankruptcy was filed, nor when you discovered it.
Omission of a creditor, who does not learn of the case in timely fashion (i.e., before a Discharge is entered, etc.) is a huge risk by... View More
answered on Jan 23, 2023
The time for appeal of a bankruptcy court order, to the US District Court, is ten days.
Most creditors will wait to take action for that time to appeal to expire before taking any action such as a repo of collateral that was part of the bankruptcy estate.
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