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You might want to read this regarding the unbundling of services, fee arrangements and ethical issues: Key Ethics Issues for Bankruptcy Attorneys: A Judge’s Perspective Hopefully the link works. If not try to copy and paste. If you get to the seminar materials, scroll down to page 19...

Unless you gave the bonding company a mortgage against your home or a security interest in personal property, it should have to sue you and get a judgment before it can execute on your property. This should be no different from any other unsecured creditor. Des.

@army judge - I would not worry about "criminal" aspects. Fraudulent conveyance or transfer in OP's context is most likely nothing more than an unequal exchange for value. All the trustee wants is $$$$. He/she is not interested in a criminal referral unless either the transferor or...

You would have to give a bit more detail regarding the transfer but, in general, settling is better than litigating. Des.

You have an offset claim. Go find a creditor bk attny and settle with the trustee. Des. @army judge Despite Army Judge's enthusiasm below, I must qualify the above as maybe I am reading this wrong. I am assuming that OP is being contacted by the bk trustee or some attny related to the...

If there is an Order of Replevin (and I do mean "if") such means that the lender has been unable to gain peaceful access to its property. If there is an Order of Replevin the lender will most likely have a peace officer (sheriff or constable or someone in such a roll) show up with the towing...

Your son (I assume he is the borrower - if not, then I mean "you") is bound by the terms of the contract he signed 3 years ago. If he did not like the terms or the lender (you mention sub-prime) he did not have to sign on the dotted line. The lender's rudeness today is not relevant. What is...

Understood. Hope you are wrong but you are probably correct. Des.

All depends upon what he/she disclosed. If he/she disclosed ownership in a corp or LLC and the Trustee failed to investigate well. . . Of course, if the Trustee was misled to think the entity was worthless or the entity was not disclosed, that is an entirely different story. Just dealt with a...

There is just not enough info. You state "my company". What do you mean? Your employer? A corporation or LLC that you control? What? You state the suit was filed through some third party. What does that mean? Who sued whom and what was the complaint about? You state you filed bk and that...

Review the following for some info (you may have to cut & paste). Also Google "breach of fiduciary duty and choice of law". Edt. Apparently even cut and paste doesn't work. Do the Google search. It should get you to the NY Law Review article. Des.

I assume there is a judgment against you. Unless you timely filed some sort of Motion to Reconsider or timely appealed, you are stuck with it. You can try to settle with the judgment creditor for something less but the judgment creditor is not required to negotiate. Your credit report is...

Possibly the Motion to Extend would have to be filed prior to the end of the two years. Look back at the case posted. It directs you to Rule 9006(b)(1): "the court for cause shown may at any time in its discretion (1) with or without motion or notice order the period enlarged if the request...

I saw your post at findlaw but since I rarely frequent the forum did not respond. If this link works (may have to cut and paste), please read: https://www.ohnb.uscourts.gov/sites/default/files/opinions/a9r6a00.pdf Post back if you are unable to get to the decision. Please be mindful that...

I assume you filed a Chapter 7 in 2003. You discharged the underlying promissory note. Your discharge DID NOT remove the valid lien against the property. If you want the lien released you will most likely have to negotiate with the current holder of the note. This means you will have to pay...

I assume you actually notified the Plaintiff and his/her attorney of the filing. By notifying, I mean 1) put their full names and complete addresses on the master mailing list you filed with the bk court and 2) physically picked up the phone to speak to the attorney (or his/her office staff)...

Unfortunately Betty’s comment is misleading. Property taxes run with the land. They are a lien on the land and, in most instances, are senior to even a first position mortgage. Further, in many states real estate taxes are not a personal obligation meaning the taxing authority is not going to...

From the initial post I get the following: 1. Federal student loan taken out by wife prior to marriage. 2. Wife has defaulted on the student loan. 3. Husband and wife are filing joint tax returns. 4. Joint tax returns show entitlement to a tax refund. 5. IRS, as collector for the USDE...

Thank you for your well wishes. Did have some health issues but nothing too bad. More an issue of lack of time to post regularly. I trust you are happy and healthy. Keep up the great posts. Des

"The finance company repossessed the truck last night because I still didn't have it insured but is there any way I can get my down payment back?" Seriously? This has to be a trick question. Des.