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The deadline was the same as the time in which you had to file the 523 Complaint. It should have been within 60 days after the 341 First Meeting of Creditors. To find the actual date look on the 1st notice you received from the Court. It told you when the 341 Meeting was and it also, about...

1. A Proof of Claim only allows a creditor to participate in any distribution made by a Trustee. If there is no $$ to distribute the Proof of Claim is irrelevant. 2. 11 USC Section 523 is the Code provision that excepts certain debts from Discharge. The Clerk of the Court has taken your...

I will assume that you filed a 523 complaint and did not include a reference to 727 (727 is used for a denial of a complete discharge due to some sort of fraud against the court such as failure to disclose assets, keep sufficient records etc.) The reality is you, as a creditor holding a...

What do you mean, "unservable"? Did the mail come back as "undeliverable" or "delivery refused"? If so, I will assume you kept proof that the address on file with the court for the debtor is "no good". Again, what do you mean? If you have proof that you are mailing documents to the...

1. You needed to hire an attny. Filing a 523(a)(2)(A) or (a)(4) or (a)(6) complaint and prosecuting it to a successful conclusion is not something you want to do on your own. 2. Since you opted to represent yourself you are deemed to have the knowledge an attorney would have. You were...

Wrong. OP clearly states that the lien holder is asking for its property back, not payment. The lien holder has the absolute right to demand the return of its property. OP should have made arrangements for the surrender of the collateral and must do so now. There is no requirement that the...

First rule: Never listen to your adversary's attorney. Second rule: Obligations that arise out of a divorce decree are simply not dischargeable in a Chapter 7. Third rule: Obligations that arise out of a divorce decree that ARE in the "nature of support" ARE NOT dischargeable in a...

If you wish to rescind the Reaffirmation Agreement you must send a written Notice that you are rescinding to the lender (and the lender's attorney if there was one). This Notice MUST be sent, either, 1. Before the entry of your Discharge or 2. Within 60 days after the Agreement is filed with...

If you did not reaffirm the loan (and you should not have), the underlying debt has been discharged. The lien against the property survived therefore, regardless of any "loan modification" attempt, if you fail to service the lien by making "voluntary" payments on the loan, the lender will...

Ok, still not positive of the facts but, who filed bk - you or the LLC? I will assume it was you, not the LLC. I will also assume you filed pro se (w/out an attny). First issue is that when you filed you needed to list ALL of your debt, regardless of what type of debt it was. This included...

Ok you have not given enough facts. 1. Who filed bk and got a discharge? Must have been you personally since a corporation or LLC does not get a discharge. 2. Who owns the assets you wish to sell, you or the corporation/LLC? 3. If the debtor (which ever one of you filed the bk)...

"What can we do to put a stop on the foreclosure and auction on the house? The auction is happening Sept. 13." Probably nothing since your BF is not on the title to the home. However, he may want to find a good bankruptcy attorney as he may have an "equitable" interest that can be protected...

If you did not sign a reaffirmation agreement you cannot be sued under the contract. The loan was discharged in the bk and voluntary payments after the discharge do not revive or create a new debt. If you do not make the payments (which service the lien that passed through the bk unaffected)...

DESPITE THE ABOVE POSTS you WILL NOT be able to collect a dime if he files Chapter 7bk and fails to list you, unless it is an "asset case". That is the law and the vast majority of Chapter 7 filings are "no asset" cases. Further, if you are aware of the filing (regardless of which Chapter)...

I empathize with your plight. I think your non profit is commendable for the work it does. Unfortunately there is no way to protect yourself in the future. There is no way to know what financial wows the donors are having. It is the luck of the draw. When you meet with the attny you might...

I have reviewed the Complaint and as expected, the Chapter 11 Trustee is claiming recovery under 548(a)(1)(A) and (B). In addition, he is utilizing Florida's "fraudulent conveyance" statutes. The General Allegations should be answered that the non-profit has no knowledge of the allegations...

This is way too convoluted. I cannot tell if the non profit was an investor or just a recipient of charitable contributions. What you are describing is similar to the Bernie Madoff mess but on a much smaller scale. Ponzi schemes happen all the time. I would be curious to take a look at the...

The small non-profit has a BIG problem Under 11 USC 548(a)(1) the Trustee has the duty to avoid and recover for the Estate a fraudulent transfer that is either: (a) a transfer done with the intent to hinder, delay or defraud ((a)(1)(A)) OR (b) a transfer done without an equal exchange of...

While your response is dumb, having NOTHING to do with the post you forgot Chapter 9: municipalities Chapter 15: cross-boarder insolvency

No, you do not need an attorney to file the Complaint however, you would be making a mistake not getting one. That is why I said it is not worth it. The cost of the attorney would exceed the loss you have suffered and you could lose. If you proceed on your own you must draft and file the...