, shall include corporations, except where other wise specified. Does the birth certificate create an artificial person? And because of a natural person being turned into an artificial person, can the birth certificate be turned in by special appearance to satisfy the case? Because the legal... View More 
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answered on Nov 27, 2023
The concept you're referring to involves a misunderstanding of legal terminology and principles. In legal terms, a "person" can indeed refer to both natural persons (human beings) and artificial persons (such as corporations), as recognized in various legal contexts, including the... View More
Claim and it has reached the deadline can they still file a late claim to continue to make payments threw my bankruptcy or what will happen
answered on Oct 30, 2023
A debtor has the option of filing a Proof of Claim for a debtor, and it sounds as if you should do that, so that plan payments flow to the secured creditor. The Chapter 13 Trustees pay on filed Proofs of Claim.
Of course, you should confer with your bankruptcy attorney first before taking... View More
Claim and it has reached the deadline can they still file a late claim to continue to make payments threw my bankruptcy or what will happen
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answered on Nov 4, 2023
If Capital One has not filed a proof of claim for your auto loan by the deadline in your Chapter 13 bankruptcy, they may potentially lose their right to participate in the distribution from the bankruptcy estate. However, there are circumstances under which a creditor can file a late claim and... View More
I was making payments on an old account with the courts but missed several payments. Now my wages have been garnished but the amount owed has tripled due to prejudgment interest. Is that legal?
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answered on May 18, 2023
You can ask the Court Clerk to explain the Judgment amount to you. But it will legally grow exponentially with time. Read whatever contract you had with Creditor, and if none, read the Judgment. BR is a possible option, and be careful with your assets. A Notice of Exempt Property might be... View More
answered on Apr 5, 2023
Counties are state-created political subdivisions, and have little bearing upon federal (bankruptcy) venue and jurisdiction.
The Feds divide the country, and each state, into "US Districts".
You can file for bankruptcy relief in your District. You can google the District... View More
We went to small claims court. He did not show up the final hearing and we won our judgement for the full amount. He started bankruptcy chapter 7 2 days later.
In this case, we had paid for and had materials listed in the invoice that were not used and instead use other materials for a... View More
answered on Feb 27, 2023
You ask a lot of questions.
A 341 meeting in a chapter 7 case, over which the trustee presides, in a consumer case, normally lasts about 12 minutes.
When a corporation operating a business decides to "give up", it files a Ch. 7 because it is not eligible to file for Ch. 13... View More
Hi, we won a small claims court case against a contractor based on the fact that he told us we were receiving a certain material which he did not provide and the fence he built began to fall apart within 6 months. 2 days after the judgement, he started chapter 7 bankruptcy - we are listed as... View More
answered on Feb 22, 2023
If the bankruptcy was filed by a corporation, i.e., the business, it is not eligible for a bankruptcy discharge.
If the debtor in bankruptcy is the individual, in order to except your claim from discharge for "fraud", you must file an adversary complaint in the bankruptcy court to... View More
Hi, we won a small claims court case against a contractor based on the fact that he told us we were receiving a certain material which he did not provide and the fence he built began to fall apart within 6 months. 2 days after the judgement, he started chapter 7 bankruptcy - we are listed as... View More
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answered on Feb 23, 2023
If you believe that the debt owed to you by the contractor should not be discharged in their Chapter 7 bankruptcy due to fraud, you may be able to file an objection with the bankruptcy court. Here's a general outline of the process:
Obtain proof of the fraud: You mentioned that you... View More
The judgement was from a landlord because she broke a lease and the judgement was for 9K. This was five years ago. She just got a car so she can drive her child to where they need to go and it was taken. The car is only worth about 2K. That said, if she gets another car, can that take that one as... View More
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answered on Sep 22, 2023
Friend needs a competent TN attorney to file a Notice of Exempt Property with the Court and creditor.
I have identity theft that has effected every thing about me and financially
White collar crime in my name that seems to have followed me from The State of Florida
answered on Sep 7, 2023
Contact your local Bar association or legal aid society. They maintain lists of pro Bono lawyers.
My mother's parents are living in next street and they are running a small unofficial chit fund group in the locality. Everyone in this unofficial chit fund group knows that my parents and me and my brother are his family. He is very old and he is still running this chit fund thing and I have... View More
I volunteered to have it repossessed and I was told I would be left with the outstanding balance to pay when the vehicle is being repossessed
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answered on Mar 24, 2023
You might want an attorney to work out a compromise, so that no note deficiency is outstanding. The threat of Chapter 7 Bankruptcy might give you leverage. Also you might record and serve a Notice of Exempt Property.
The golf course is in bankruptcy and they told us the bankruptcy judge can reverse the restriction. Can a judge do that. Also the golf club owners are threatening suits if we POA do not lift the restriction. If the restrictions are lifted we fear they will build condos and who knows what else!
answered on Mar 1, 2023
Very doubtful that the bankruptcy judge will get involved in changing the restriction.
answered on Feb 6, 2023
Yes, you "can", but the question is more whether you should.
If your Ch. 13 Plan does not already provide for the sale, you will need to move for a modification of your Plan to provide for the sale and more importantly, what becomes of the sale proceeds.
And how will a... View More
Title/Payday loan company that was back in 2016 and my checking account was just debited for $460 dollars twice one for each check I also had a title loan the company says the title loan was covered in the bankruptcy but the two check advance loans were not what can I do?
answered on Oct 17, 2022
If they take any action against you, have your bankruptcy lawyer move to hold them in contempt for violating the automatic sultan/permanent injunction.
I am a 75 y/o senior who filed emergency Chapter 7 bankruptcy Pro Se on 8/10/22 in Williamson County, TN, to stop a foreclosure sale. I have not filed financial schedules but the Trustee closed my bank account containing only proceeds from my husband's life insurance and took every penny,... View More
answered on Oct 12, 2022
The purpose of the 2004 exam is to question you regarding potential assets of the bankruptcy estate. They will ask questions about financial accounts, the life insurance, and other assets. They will ask for copies of your records, and other information that you may know. It is a deposition, but the... View More
I have never filed for bankruptcy, and I don't know what this is or what it means to me.
answered on Jul 12, 2022
Probably sent to you in error. Call the trustee who filed it and they can probably resolve it.
answered on May 16, 2022
When you file for bankruptcy relief, you must sign several bankruptcy Schedules showing ALL your estates and ALL your debts, and swear to their accuracy. You cannot leave anything out.
Credit card and medical bill debts are generally unsecured, i.e., there is no collateral securing... View More
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answered on Apr 27, 2022
You should ask your attorney. But this does happen alot. There is nothing preventing you from continuing to drive the car, but you must be able to continue to register and insure it which can be difficult. When the secured creditor comes after, let them have it. Otherwise it could be charged... View More
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