The automatic stay ends when a bankruptcy case is dismissed. It does not continue during an appeal. Therefore, creditors may proceed with collections, including foreclosures and repossessions, at least until the dismissal is reversed.
Although the automatic stay is typically reimposed upon...Read more »
No, and if you do not file a motion for stay pending appeal, addressed first to the bankruptcy court, and if denied, then to the US District Court (the appellate court in bankruptcy cases), your appeal may be dismissed as moot if the creditor obtains foreclosure sale or other irreversible steps...Read more »
My wife had messaged me our US mail preview and asked what a district court letter was about. I could read who was sending it through the scanned envelope. I panicked and called the law firm to start my payments again. They sent me a contract/form for me to sign stating that as long as I pay them a... Read more »
It appears that you've reached a new settlement with a judgment creditor whereby the creditor agreed not to take action to collect on the debt if you pay according to a specific schedule. Assuming you have these terms in writing, you should be able to enforce the settlement, if the creditor...Read more »
I started a business with my dad when I was 19 in 2014. Neither of knew absolutely anything about running a business. So we created a partnership through legal zoom (first mistake). We carried on business as usual and messed up filing our taxes so had somebody fix it. Then 2 years later we split... Read more »
As you are not incorporated, closing the business will not eliminate your personal liability. Although bankruptcy may be the solution, it will take a detailed examination of your overall financial situation to be certain.
That being said, Chapter 7 bankruptcy may help you eliminate most or...Read more »
Right now while the seller is in a five year plan chapter 13 bankruptcy is not the time for her to sell her real property. The Trustee would have a substantial interest in it, and might take all the proceeds except a homestead exemption amount. If the chapter 13 is dismissed then you might...Read more »
As long as your daughter pays the car loan she should not be affected. They will consider whichever vehicle you claim an exemption on as your exempted vehicle. That designation is solely up to you do you should not lose your own car.
The bankruptcy will not be discharged until next year. The trustee is receiving monthly payments and that cannot be paid off early. Is it possible to transfer the title to the name executor of the will WITHOUT the will being registered?
We paid back our creditors 100% and we are no longer making plan payments as of April 24, 2020. A Certification of Discharge Eligibility wasn't submitted until June 4th, 2020. Then my attorney submitted an final application of compensation on June 24th, 2020. That hearing won't take... Read more »
The law field, like every other business, has been impacted by the coronavirus pandemic, and delays are the result. I'm not sure that the court personnel can do much working at home, and the same is true of the Ch. 13 Trustee's people.
I checked my business credit recently and see there is a home equity line of credit, and auto loan and a bankruptcy, I didnt do any of this. and I have not been in business with this person for more that 8 years.
Assuming you mean old business partner, when you parted ways, that event triggers a "dissolution of the partnership", which has ramifications, but you needed to tie off the loose ends as well, e.g., notify your lender of the dissolution of the partnership, and terminate/wrap up any live...Read more »
Just because you've moved out/abandoned the property doesn't automatically equate to someone else taking title to the property. The township, and other providers of utilities, hold the record title owner responsible for their respective charges. The bankruptcy, if it was a Ch. 7 case,...Read more »
They were sued on a conctract deposit. The performer arrived but didnt perform due to client not having an inside venue and we had a storm that day. The company was sued for the performer's deposit and he won by default. They set a judgement on bank to garnish but the company is closing what... Read more »
will my interest ever go down? it seems each time the mortgage sells my loan. the mortgage goes back to default Like I'm paying a brand new loan? the loan/debt was discharged. my credit no longer reports the bankruptcy.
If your parents are currently in a pending (not yet closed) bankruptcy case, none of their creditors can proceed against them, or their estates, without first procuring relief from the automatic stay in bankruptcy.
If your parents are in a Chapter 7 bankruptcy and have defaulted in mortgage...Read more »
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