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answered on Sep 11, 2023
To initiate an involuntary Chapter 7 bankruptcy case in Texas, or elsewhere in the U.S. as bankruptcy law is federal, an attorney would generally need to have one or more creditors who hold undisputed and non-contingent claims against the debtor. These creditors would petition the court to force... View More 
I was told by the Trustee's office that I would need my attorney to modify the plan for early payoff. My husband and I recently retired due to his health issues; we either need a Hardship Discharge or a modification/amendment to payoff what is due to continue with our mortgage payments alone.... View More
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answered on Sep 8, 2023
You are not strictly required to have a lawyer to amend your Chapter 13 plan; you have the right to represent yourself in bankruptcy court. However, given the complexities involved in modifying a Chapter 13 plan, especially one involving a mortgage, having a lawyer could be beneficial to ensure... View More
Ordered from Jeff's Jams & Jellies on 6/28/2023. Jeff's Jams & Jellies OnlineOrder 00003518. Jeffrey Harry Gomes
Case Summary
On 11/30/2021 Jeffrey Harry Gomes was filed as a Bankruptcy - Chapter 13 lawsuit. This case was filed in U.S. Bankruptcy Courts, Hawaii... View More
answered on Aug 15, 2023
Maui has recently faced some serious challenges involving weather and wildfires. The most recent devastating wildfires have made international news. This may not be a matter of deliberate fraud. It may be that shipping and other resources are tapped out addressing these catastrophic challenges,... View More
Ordered from Jeff's Jams & Jellies on 6/28/2023. Jeff's Jams & Jellies OnlineOrder 00003518. Jeffrey Harry Gomes
Case Summary
On 11/30/2021 Jeffrey Harry Gomes was filed as a Bankruptcy - Chapter 13 lawsuit. This case was filed in U.S. Bankruptcy Courts, Hawaii... View More
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answered on Sep 8, 2023
Given the bankruptcy filing, you may consider filing a claim as a creditor in the Chapter 13 bankruptcy case to potentially recover your money; keep in mind that Chapter 13 involves a repayment plan where creditors might get paid over time. You may also contact your payment provider (like your... View More
I have had an emergency pop up and don't have the cash to cover it before my next payday.
answered on Jul 12, 2023
Of course, you can ask/apply.
However, legitimate lenders, perhaps even payday lenders, want to see a General Order of Discharge in any pending bankruptcy case before funding a loan.
Just personally, imho, there is no safer borrower out there than one who recently got a bankruptcy... View More
I filed bankruptcy earlier this year. Can you help me find the case and all the information tied to it?
answered on Jul 6, 2023
This is really a question to ask your bankruptcy lawyer. He will know the case number and where it was filed.
If you did it yourself without a lawyer, you would know the case number and where it was filed. Electronic records for your case should be available on PACER through the... View More
answered on May 19, 2023
A reliable answer to your question can only be given after a full review of your respective financial circumstances.
That said, domestic relations SUPPORT obligations (spouse or children) are generally not modifiable by a bankruptcy court. However, payments in the nature of property... View More
answered on May 19, 2023
Generally, as long as you timely pay any debt secured by your home, you should be able to keep your home.
Generally, any valid lien on your home will remain until the debt secured by the home is paid.
If you fail to pay a valid debt secured by your home, the lender can ask the... View More
process over again. IE resend the notice of default certified and then the notice to accelerate and sale date?
answered on May 8, 2023
Typically yes with respect to the notice of sale.
Trustee’s and foreclosure sales happen on the first Tuesday of each month. Certain notices ordinarily required are specific to a particular sale date. Others are not.
Typically, a notice of default and a notice of acceleration... View More
Or can they legally serve you by mail? What happens if you don't get the papers?
answered on Apr 21, 2023
The original Notice of the filing of a bankruptcy case is sent out by the Bankruptcy Court Clerk, not the debtor or his lawyer, but using the addresses provided by the debtor's original filings of names and addresses of creditors and other interested parties. Unreturned mail is sent back to... View More
I have recently been asked by our CFO and CEO to represent the company at our final hearing for Chapter 11 Bankruptcy. In this hearing we will present our bankruptcy plan to the Judge for his final approval.
Our CFO is on vacation in Europe and will not be able to attend. I was asked to... View More
answered on Apr 12, 2023
You are wise to seek legal advice prior to your impending testimony.
It is also wise to have counsel appear with you at any hearing in court, although it seems from your brief report of facts that it will be counsel for the debtor corporation who will appear with you, so his loyalty is to... View More
This judge has "stayed" my case against 4 Defendants, because one filed for bankruptcy. Basically all 4 defendants are benefiting from bankruptcy, when only one filed for it.
answered on Mar 16, 2023
The fact that a judge has stayed your case due to a bankruptcy filing is not grounds for disqualification or recusal.
If you believe the stay is improper, you can file a petition for writ of mandamus with the court of appeals.
You can also file a motion to lift the stay in the... View More
I just got a paper in the mail as an advertisement from a legal firm saying they found a court filing for a lawsuit under my name. They were fishing around to represent me. I set out to do some digging and it turns out a debt collector(Jefferson Capital) bought the debt from my original creditor.... View More
answered on Mar 3, 2023
The statute of limitations is an affirmative defense that must be raised in the lawsuit or it is waived.
You should retain a competent attorney who defends consumer debts to represent you in the lawsuit and to specifically plead the statute of limitations.
I just got a paper in the mail as an advertisement from a legal firm saying they found a court filing for a lawsuit under my name. They were fishing around to represent me. I set out to do some digging and it turns out a debt collector(Jefferson Capital) bought the debt from my original creditor.... View More
answered on Mar 3, 2023
Anybody with a couple hundred bucks, or whatever the court filing fee is, can sue anybody else. The key question is whether they can get a judgment, i.e., win.
If you can show a court that your first default occurred more than four years ago, and was not subsequently cured by catching up... View More
we met with two attorneys and one recommended chapter 7 and the other recommended chapter 13 so we now are confused as to which is the best route since the opinions we not the same.
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answered on Feb 21, 2023
Sometimes it is best to file Chapter 7 and discharge as many taxes and penalties as possible. Then file Chapter 13 and make payments for 60 months on the remaining tax debts, discharging all taxes. (Chapter"20") But if it is too much, then you cannot get a Plan confirmed. Then you are... View More
we met with two attorneys and one recommended chapter 7 and the other recommended chapter 13 so we now are confused as to which is the best route since the opinions we not the same.
answered on Feb 21, 2023
Your question is hard to answer in a vacuum. Both have advantages.. if taxes are over three years old and all returns have been filed and no extensions done such as offer in compromise, then 7 good.
If tax are Leins, and under three years old or you tried other methods, then paying the... View More
S properties had liens section 5.085 of the Property would that help me ge
the highest bidder, which is J. Favela. J. Favela filed bankruptcy on behalf of
Empire Prime Capital Investing, Inc. ("Empire"), just four days after this Honorable Court told
Favela that he... View More
answered on Jan 15, 2023
It sounds like this is a matter that has been litigated and is on appeal. So I would recommend a civil appellate lawyer.
It might help if the appellate lawyer has some experience or general knowledge of bankruptcy law as well.
You should anticipate such a lawyer will charge... View More
I’ve lived in Texas for two years and own my home outright. Value is about 270k. I’m married. I believe the federal cap is around 180k. Can that be doubled in a joint bankruptcy.
answered on Jan 5, 2023
The current federal homestead exemption is approx. $25,000. Yes, it can be doubled with a joint filing.
Sam Houston was a notorious debtor, and he and his friends set up a debtor-friendly place. The TX state exemptions for homestead are far more generous (I used to practice in Oklahoma... View More
Ex husband declaring bankruptcy, I have a default judgement and certificate of enforcement but have been unable to collect. I have an attorney, but each thing costs me money. In the divorce decree it states the ex must pay for my attorney fees, but since I have a default judgement, does that negate... View More
answered on Dec 17, 2022
No. He still owes you the money. Domestic support obligations are non-dischargeable. You can recoup your attorney fees up through the date of the order but you can always go back in and ask for more attorney fees bc if the bankruptcy.
Looking to get access to assets that are being sold as part of Chapter 7/11/13 proceedings in Austin TX
answered on Dec 14, 2022
While, as the first answer instructs, contacting the bankruptcy trustee is a good idea (trustees looking to sell estate assets always want to maximize sale prices, and that comes from drawing in more prospective purchasers), your question seems to suggest that there are multiple cases/trustees in... View More
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