I have a case where a judgment was filed prior to the bankruptcy. The creditor was informed but the judgment remains. Every time I try to do anything there is the judgment. Can I sue them for that? This debt was discharged. It was sold to a debt collector but the collector is not letting go of the... Read more »
The child support payments are probably debts that he listed on his bankruptcy schedules, and everyone listed on the schedules received notice. I assume this is the notice you're referring to, but I can't know for sure unless I look at the document you're referring to. If this is the...Read more »
I have never heard of the bankruptcy court or trustee installing tracking devices on vehicles. You could have issues with creditors who have a lien on the car. Talk with a bankruptcy lawyer near you and they can get more information from you necessary to answer your question. Hope it works out....Read more »
Creditors have 90 days from the date set for the 341 meeting of creditors. The deadline for a specific case can be found on Official Form 309I Notice of Chapter 13 Bankruptcy Case that is sent to all scheduled creditors.
If you do not file a proof of claim by the deadline, you might not be...Read more »
I purchased the property Jan. 2006 and the owner filed Chp. 7 Apr. 2006. I didn't know he had done this until a week ago. I had been to Capital One several times to get info for 1098's and they told me couldn't give to me because my name was no where on the paperwork. I read that... Read more »
I am not sure what you are asking. I am not aware of any requirement that a mortgage company guarantee release of a mortgage (especially if it's not paid off) on a bond for deed contract. You can certainly agree to assume a mortgage under a bond for deed and it's part of the...Read more »
I understood that the Mortgage Company had to sign of for the Bond for Deed. To my knowledge that did not happen due to the fact the Mortgage company wouldn't give me my 1098 for taxes. They told me my name was not on the loan which I knew. When I finish paying the loan off will it become... Read more »
How did you manage to "sell" property on a bond for deed contract that you do not own. Aside from those problems, let's assume you are the legitimate seller on a bond for deed contract. If you file Chapter 7, the trustee would likely be very interested in seizing that asset and...Read more »
You must file your bankruptcy before the sheriff's sale if you are trying to save your home. Louisiana does not really have a right of redemption once the house is sold at sheriff's sale (it exists but only if the bank is the purchaser and there are some unusual additional...Read more »
Once you file bankruptcy and you have served notice of the bankruptcy on your creditors, they should not contact you outside of the bankruptcy proceedings to collect the debt. The bankruptcy creates an "automatic stay" that should protect you from collection activity. Continued collection...Read more »
Although only one residence is protected by the homestead exemption in bankruptcy (in Louisiana, the one you occupy, up to $35,000 in equity), that doesn't necessarily mean losing one property. One situation in which the secondary property might be retained would be if there were little or no...Read more »
Generally, ownership of real estate will not affect your right to file a bankruptcy. Often, debtors file Chapter 13 in order to catch up payments when they are behind on a mortgage. Often debtors file Chapter 7 to discharge debt but "reaffirm" a mortgage debt, that is, reinstate it and...Read more »
Hi! I filed chapter 13 18 months ago. My car is still being paid through the auto finance company and not the trustee. I am wanting to pay off my car by trading it in to get something a little cheaper. The new car will be in my fiances name, not mine. I called the auto finance company... Read more »
If you payoff an auto, even one that is being paid outside the plan, then the trustee may move to have your plan payment increased as it would appear that you have additional disposable income. Thus, you may need to show why you will not have by amending I & J. The trustee will probably also...Read more »
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.
My name is on the title but not the mortgage. Since the house is not his primary residence and he does not plan on reaffirming the dept will they take the house and who will technically own the house? Will they come to me to make the payments even though I am not on the mortgage but I have made the... Read more »
If filing chapter 13 bankruptcy,can I include private student loans in Louisiana. I'm a teacher and owe 80K in private student loans. My payments are 893.00. This is a burden every month. My mom cosigned and everytime I'm late it's affecting her credit. If I file chapter 13 will... Read more »
A: Student loans, regardless of the source are generally not dischargeable in bankruptcy. There are rare circumstances when then can be discharged in bankruptcy, but it involves the filing of an expensive secondary action involving issues which can be more affordably addressed with most lenders...Read more »
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