I believe that this question stems from an earlier one about whether you should move money from your bank account to an IRA prior to filing bankruptcy. There is no question that funds held in an IRA are subject to both federal and state exemptions. My point was that the act of converting a...Read more »
No, you shouldn't make any moves like this without first consulting a local bankruptcy attorney. Pre-bankruptcy asset planning is tricky and shouldn't be done without a full understanding of the risks. Certain activities including moving money around can be avoided by the trustee and put you in a...Read more »
The friend has a 5013c nonprofit corporation. It appears to still be active when I searched on business entities on the sos but I'm not sure if the bankruptcy was personal or for the business. Are there implications if I cash the check?
We filed chapter 13 in 2010. Paid until 2015 and were discharged. Had a mortgage I never reaffirmed and continued paying on. In 2017 after 7 years from BK filing the mortgage showed closed on my credit report. Not long after that another mortgage company bought the mortgage and since have been... Read more »
the stay was lifted and now the foreclosure sale was held today and sold for $55,000.00 . Amount due was 54,622.85 Value Approx $200,000.00. we have tried to set up payment plan with every one and had buyers for property but creditor and buyer today did things to keep anyone else buying it. our... Read more »
It is doubtful you can do anything to preclude the sale unless you can find someway to purchase it and you would need the Courts permission to do so. It is somewhat unusual that the trustee would let a 200,000 piece of property go for 55k bc there’s another 145,000 that could be used to pay your...Read more »
I own an S Corp, we close the office last fall due to lack or work. We have not been able to get it going again and we owe 8k in cards and around 15k on a loan. If we file chapter 7 does the debt the company owed then comes to me, or is it gone with the failed company? As of right now I dont see... Read more »
Probably not--unless your mom's name is listed on the same debt you owe. This problem can be solved by you giving your mom a quitclaim deed to the property, or by the two of you creating a new deed in your mom's name only. Do NOT try anything without a competent lawyer helping you.
Most of my creditors was paid in the chapter 13 plan except for taxes and my car loan is complete per the NDC account and it has been complete for a couple of months. I was recently dismissed after over 48 months in the plan. Can my car still be reposessed even though it's been paid in full?
I got approval to incur debt of 97,850.00 for a mortgage, but the trustee put in that my monthly payments could not exceed $675.00. The prequalified loan had the payment at $656, but now through the loan process and actual numbers, the payment (including interest and escrow) will be over $700 a... Read more »
There are 5 of us named and we (9 in total) have reported the builder to the State AG and the Police are opening a criminal investigation. The bankruptcy filing is erroneous. Should we continue with ‘proof of claim’ or ask to be removed? We are victims of a crime not creditors!
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