Search results

Assuming your case was dismissed based upon "abuse" under 707(b) there is no bar to filing the 13 and the automatic stay will not expire in 30 days as it normally does with repeat filers. If your case was dismissed due to a willful failure to obey a court order there is at least a 180 day...

The bk Code does not require you to reaffirm a loan secured by real property such as your residence. A Chapter 7 does not help you save the home. If you file Chapter 7 keeping the home is between you and the lender. If the lender is not willing to work with you, such as agreeing to a loan...

You ARE required to turnover to the Chapter 7 Trustee the tax refunds unless you had received, cashed and spent the $$ before filing. Apparently you received the $$ after filing. It does not belong to you. This issue is basic to anyone filing a Chapter 7 in AZ. How much $$ are we talking...

There is nothing for you to do since you agree that you are an unsecured creditor. Hopefully you kept a copy of what you filed. My guess is that you filled in the part for secured creditors or somehow marked a box for secured creditors (instead of unsecured). All the Trustee is doing is...

Several points as it relates to the above. . . 1. When someone files a bk ALL creditors are listed. This would include any debt the debtor thinks he/she is not going to get rid of. In your friend's case this would include the credit cards he wants to keep. Bk is all or nothing. Some...

If the lender did not properly perfect the lien under State law, then the vehicle has no lien and, but for any allowed exemption, a Chapter 7 Trustee may liquidate the asset for the benefit of all creditors. In addition, if the lender (family member/insider) did not properly perfect the lien...

Nothing. He stays until such time as he is booted out due to a foreclosure. Reaffirmation agreements are not mandatory. If the lender does not care about it, neither should the debtor. The intention, where there is no anticipation of such an agreement, is to simply “retain and pay”. My...

Proserpina, I must respectfully disagree. After acquired assets, with the exception of those referenced in 541(a)(5), are not assets of the Chapter 7 estate. A Chapter 7 Trustee would only have an interest if the source of the funds used to purchase the asset was from non-exempt funds the...

This is why bkforum.com is so good. It is a vast network of support so that you do not feel alone, because you are not. Des.

Post this at www.bkforum.com There are many members of bkforum who are from Florida and know what is going on in your state. As a long time bk attny I am appauled by your attorney's conduct. Contact the State Bar Association to find out how to file a complaint. Also, it sounds like you...

You value your personal possession based upon "garage sale" (liquidation) value. Ask, "what would my neighbor pay for this?". And. . . you list everything, including the knick-knacks (for such smaller items say "assorted small knick-knacks"). Des.

A junior lien holder can foreclose if you do not remain current. When it does it takes the property subject to the senior lien holder and, unless the foreclosure sale produces enough proceeds to pay off the senior lien holder, the junior will have to continue to service the loan. As a result...

1. Each and every creditor and asset you have MUST be listed regardless of what you told your attny. You simply could not file a bk without listing the house and the mortgage companies. 2. You filed bk for a reason. So now you are going to listen to some dumb realtor and want to stop your...

@Proserpina, No offense, but you are wasting your time trying to engage the spammer "bankrupcyus". If anyone associated with the spammer is a fully licensed attny (highly unlikely - more likely some telemarketer from some far off land) he/she is probably involved with many mal practice and...

1. How could the law suit have been prevented by your prior attorney? Your husband chose not to be a debtor in the bk. That is not the law firm's problem. 2. The creditor can sue because it has chosen to do so. The fact that it waited 2 years is irrelevant. Maybe your husband has a...

What on this earth are you talking about? Clearly you have no business giving any kind of legal advice and are just a spammer. The original post deals with a Chapter 13, and as far as I can tell, the Country of Australia is not mentioned. A Trustee DOES NOT, I REPEAT, DOES NOT liquidate...

Laura, We have discussed this on the other forum. The above information is not correct. First, your Trustee has absolutely nothing to do with this issue. He/she could care less if you do or do not reaffirm. A Trustee's job is to liquidate assets for the benefit of creditors. He/she has no...

Is this suit in the nature of a "Judicial Foreclosure" or is the lender suing for the balance due after it has foreclosed? If it is a Judicial Foreclosure, at this time the lender is probably only seeking recovery of its property. If the suit is for $$, unfortunately it will obtain a judgment...

Ditto to AJ's post and who is suing you. . . and, if you are comfortable, what State are you/the property in?

Yes, please do and best of luck. Des.