1. Paid all lawyers fees 1st year
2. All creditors came back for the full amount, claiming to have never received any payment
3. Lawyer won't give me any further information
4. All payments were good except the last 5 payments
If your proposed Chapter 13 plan was confirmed, any money you paid in would be paid out to creditors according to the terms of the plan and you would not receive it back.
Depending on the terms of the plan, your payments may have gone to pay your attorney fees first. Then when your case... Read more »
I failed to complete my chapter 13 bankruptcy. The car was paid 9,000. They came and took it back even after payments. What can I do?
If the bankruptcy was dismissed, they can repossess the car.
Dismissed due to multiple missed payments. Lawyers were paid off top, 1st year over 5,000. Where is my money? All of the creditors claim they never received any money. is the money held at the trustee office until completion, then distributed to each creditor?
If your bankruptcy trustee uses their system, you can get details about how the funds in your case were disbursed by logging into https://www.ndc.org/home. Because debts are paid in a specific order, some of your creditors may not have received any money because higher priority creditors get paid... Read more »
A bank called Deutsche Bank has stated that they are the trustee on my loan and I have never heard of them prior to them trying to foreclose on my property. They are not listed on any paperwork that I have had nor my DEED. They are listed on MERS but it states INACTIVE. I have been approved for... Read more »
You need to have a lawyer look at this for you but DB does not have to be listed on the deed or trust if they subsequently purchased it.
No. Greensboro, NC is in the middle district of NC while Charlotte is in the Western District of NC. You will have to file in the Western District.
I have 14000 in credit card debt and 5000 in collection debt mostly medical bills. My truck is paid off and I don't own a house. I make about 25000 a year. I can't afford the monthly payments on the credit cards and still be able to live. I don't know what my options are.
Depends on what your truck is worth and what the debt on it is. Consult a competent bankruptcy attorney and let him flush out the facts to determine your best action.
I was sued by Allstate and did not get a chance to go to the court date since I moved to another state and heard about it late. I found out that it was a default judgement and I was required to pay 24k. Since then my license has been suspended and I can only get it back if I start a payment plan. I... Read more »
You should hire another bankruptcy attorney and file again. Not going to court for any reason is a bad plan bc the end result is always the same. You lose. Refill it, make the 341 meeting and get the default discharged.
my husband is 70 and was working. this past year he got congestive heart failure and had to retire. i have severe copd and our doctors and medicines take more than we draw. what i want to know is can bank of america levy our checking account. we can't afford to go to a lawer. we have... Read more »
They can levy it but if you show the proceeds are all social security, they will have to refund it.
You have to obtain permission From the court to incur debt while in Chapter 13. If permitted, then you should be able to use the land as collateral.
Case No. 19-01697-5-JNC
It could delay it but it will not negate it.
She has not been living here at home for some time and has been living with her Mother who has convinced her to file for bankruptcy to get rid of her obligations to our debts. She is hiding money from the case to help strengthen it in her mothers accounts as well as possible accounts. She has... Read more »
If you can prove she is hiding money, you may want to advise the trustee in her bankruptcy case.
exempt. I spoke with a bankruptcy lawyer and was advised an IRA is exempt.
No. You should speak with a competent bankruptcy attorney and he can tell you how best to protect your money.
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 »
I am considering bankruptcy next year and have money in the bank , should I move the money to an IRA account prior to filing ? I did speak with an attorney and was told IRA's are exempt.
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... 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?
No.
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 »
Yes. If the debt was discharged and not reaffirmed, they are violating the stay by reporting it and may be liable for damages.
This forum is not the place to seek legal representation in any specific situation. Use the "Find a Lawyer" tab at the top of every page.
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 »
this company has many other liens, so the question is whether the payroll taxes have superior lien status
The payroll taxes are a priority debt which cannot be discharged and must be paid ahead of allunsecured claims.
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 »
Unless you signed as a personal obligation on the nite, the debt stays with the s Corp.
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