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    Question on Discharge

    Pull your copy of the Reaff paperwork. There should be a contact person on the cover page or the email transmittal page. Des.
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    Question on Discharge

    Apparently under-written by US Bank. If it works, here is a link to a sample credit sales/security agreement. CREDIT SALE CONTRACT / SECURITY AGREEMENT X Again, lender (either PCI or US Bank) probably does not want the vacuum. Wells Fargo, on the other hand, should have sent your attny a...
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    Question on Discharge

    Absolutely - Kirby, Orek, and any other brand sold by the manufacturer, unless paid with cash or a visa type card is normally financed and the lender has a purchase money security interest. So is a purchase through retailers such as Best Buy, if financed at the source (no different than...
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    Question on Discharge

    The failure of a creditor to effectuate a repossession of either a vehicle or smaller items of personal property is not uncommon. For larger items such as vehicles, this typically happens when the vehicle is too old or in such disrepair as to not justify the expense of repossession and then...
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    Have a judgement of over $200K

    The answer depends upon local procedure. In my district (Arizona) Trustees normally require the submission of tax returns during the course of the case. They are suppose to review the returns and, if appropriate, seek a modification of the Plan due to increased income. In reality, once the...
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    Have a judgement of over $200K

    You are quite welcome and I wish you the best of luck in whatever course you choose. Des.
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    Have a judgement of over $200K

    In my opinion, there is no defense. You participated in the Canadian litigation and then stopped thus allowing the proceeding to end in a finding of (civil) fraud against you. The judgment has now been domesticated and holds, IMO, the full force and weight of a judgment obtained in NY. The...
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    Have a judgement of over $200K

    I would deem this non-consumer. We now know you have, at least $200k in the non-consumer column. The question becomes, how much more debt can be put in that column vs. how much is put in the consumer column? If more than 50% is in the non-consumer column you do not need to take the means test...
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    Have a judgement of over $200K

    Bankruptcy is Federal law. The law is the same every State. What is different is how the Federal Districts in each State interpret the law. Here is the problem. You have a Canadian civil judgment that is based on findings of fraud (civil not criminal). The judgment was then domesticated in...
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    Have a judgement of over $200K

    I cannot answer your specific question but I have one of my own. Is this $200k consumer or non-consumer related? Remember, if more than 50% of ALL of your debt can be classified as "non-consumer" in 95% of the cases the amount you earn does not stop you from filing Chapter 7. Des.
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    Personal Bankruptcy chapter13

    This question is nonsensical and needs to be restated in coherent sentences before an attempt at answering it can take place. Des. .
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    Automatic stay

    I am not sure I understand your issue. You reaffirmed the debt and now wish to give back the vehicle. If you successfully reaffirmed and did not rescind the reaffirmation agreement in a timely fashion the debt was not discharged. If you fail to make the payments the lender can (and will)...
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    Chapter 11 to chapter 7

    Thank you for the well wishes. I am doing just fine now. Des.
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    Chapter 11 to chapter 7

    @army judge While we now know that the notice OP received does not relate to OP's case, I just wanted to give a "FYI". Involuntary bankruptcy filings happen all the time. Such cases are typically filed by 3 or more unsecured creditors of a particular debtor. There is even a bk code section...
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    Chapter 11 to chapter 7

    You are apparently listed as a creditor or potential creditor of Immune Pharmaceuticals. One of Immune’s creditors has asked the bk court to convert the Chapter 11 to a Chapter 7, probably due to some “bad act” of the entity’s management. If that happens unsecured creditors are likely to get...
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    Priority of claims for refund if independent living center goes bust

    Your question cannot be really answered as we do not have privy to the terms of the contract. For example, we do not know if the contract is a leas or a buy-in. We do not know how the title to the unit reads or whether or not there is any recording that makes your mom's and/or aunt's estate(s)...
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    Car lease fees after discharge

    If your Chapter 13 Plan and the Order Confirming it did not provide that you would "assume" the lease then you should be fine. Des.
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    Can A Discharged Property Be Quit Claimed?

    There is planning you can do. It was not something I looked into with my parents since they would never have qualified for ALTCS, but I know it exists. I want to suggest that you consult with the attorney my brother and I used (we had to file for guardianship of mom after dad passed). I...
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    Can A Discharged Property Be Quit Claimed?

    I believe you are concerned over qualifying for AZ Long Term Care System (ALTCS) aid. The following may be of assistance: Arizona Long Term Care System (ALTCS) Member Handbook | Arizona Department of Economic Security I would recommend that you find an Arizona attorney who handles elder law...
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    Statute of Limitations on Vehicle Repossession

    At least two of the posts hit the ball out of the park and I thank them as this thread was very exasperating. (Others were good as well.) 1. "The car never belonged to you. You were fortunate to get to use it for so long." OP is not and never was the owner of the vehicle. The vehicle was...
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