Bankruptcy/Debtor & Creditor

bkforum.com

despritfreya — Wed, 08 Sep 2010 19:37:27 GMT

Does anyone on this forum also visit bkforum.com? If so, are you having problems accessing? I am. Web page is "blank". This has been so for past day and a half. Any info would be appreciated.

chapter 7 dismissable

sft1218 — Thu, 09 Sep 2010 17:48:22 GMT

Are court ordered moneys for attorneys fees dismissable under chapter 7?

Does anybody here use www.bkforum.com?

adviceplz — Sun, 04 Mar 2007 01:32:52 GMT

I think the website is not operating correctly. I tried to sign up and am allowed to login. However, I never got an email confirmation to activate my account.

I continually try to email the moderators, but no response.

I think their site is down for new members, but they don't realize it because old members can still post.

Does anybody belong to that forum, if so, can you PLEASE email the moderators telling them new members are not able to activate accounts and cannot post.

Thank you a ton!

ex partner in BK Chapter 7 - Left me with many liabilities

nysekd — Wed, 08 Sep 2010 12:06:02 GMT

I had to pay out joint legal claims and general joint lawsuits costs and joint obligations such as leases,salaries and settelements,how can i have a chance to recoupe any of this loses from him while he is in bk?

My landlord has filed for bankruptcy - South Carolina

coneygirl76 — Wed, 08 Sep 2010 00:20:30 GMT

I received a notification in the mail a couple of weeks ago indicating that my landlords had filed for bankruptcy. A creditors' meeting is taking place in October and the bankruptcy court will not make a decision about discharging the debt until December. My lease is up at the end of January. I have continued to pay my rent on time, but my landlord returned my September rent check to me by mail, unopened, and although she indicated in an email a week or so ago that she needed to talk to me, she has not contacted me or responded to any voicemails/emails I've sent/left for her.

I understand that she may have been advised not to speak to me directly, but I don't know who the appointed trustee is (or if one has been appointed) and I'm thoroughly confused as to why she would have returned my rent check to me uncashed. I'm very anxious about this as I am leaving town for a week or so for vacation and really would like to find out what's going on. I don't want to return home to an eviction notice. The terms of my lease indicate that they have to give me 30 days' notice to vacate. I am just curious about what my rights are in this situation and am already planning to speak to an attorney as soon as possible. In the meantime, though, I would really appreciate any ideas/insight via this message board.

Many thanks,

Jeanne

Considering Bankruptcy in SC.

nusteem — Fri, 03 Sep 2010 19:35:47 GMT

I live in South Carolina. I am considering chapter 7. Our income in below the means systems.

How far back does the court look to find any transfered assets??.

I do not own any stock, but do work for a Corp. my step son owns. The older cars are paid for. I have a rental house in foreclosure and we are not late on our primary home we live in. There is no equity in it. Can we still keep our primary home??

Thanks

Chapter 13 with no disposable income

Shan973 — Wed, 25 Aug 2010 02:28:03 GMT

We filed a cpt 7 in july of 2004 discharged in Oct of 2004. We have about 25000 in debt our home was foreclosed in 2008, our income right now is about $3148 monthly, our expenses including food and gas for cars is 4100. We are in the hole about 1000 each month.Family of 7 in MI. We wanted to file cpt 13 and stop the creditors from calling, we are 2 months behind on auto payments. My spouse has been on unemployment since April and what savings we had is now long gone. We have no disposable income so how would chapt 13 work for us, we have to wait 2 more years for cpt 7.

bankruptcy violations

randallstown — Wed, 25 Aug 2010 17:11:06 GMT

Good Morning, I need help understating Bankruptcy violations. Prior to me filing a chapter 13 I was being garnished by an attorney. He garnished my wages and froze all of my bank accounts. I filed bankruptcy and was given a case # to forward to my employer, the lawyer and other creditors. Once I produced the information to my back they immediately released the hold on my account, and my employer stopped all garnishments. So I check my account yesterday; and it has a hold on $500.00. I called the Banks' legal department who informed me that the attorney yet again froze my funds. The bank indicated that they will not be able to release any funs to me until they here from this lawyer, so I contacted the attorney who told me to sue him for it. I assumed once you file bankruptcy no one is allowed to attempt to collect anything......Is he in violation, or did I miss something

Mortgage Cramdown on Investor property

s2kreno — Tue, 24 Aug 2010 02:34:23 GMT

Hello,

I have been going 'round with my lender on a mortgage modification for a year and a half. I've gone through a couple hundred thousand in savings to keep my bills paid (have medical and income hardships) but they want me to lose my retirement as well. Am considering Chapter 13 to get this and my other debts settled before I have a heart attack from the stress. I hate my mortgage lender; they have not been acting in good faith and just ignore HAMP guidelines -- I qualify for the program. I understand that if my home was an investment property rather than a primary residence I'd be able to get a mortgage cramdown in Chapter 13 (getting revenge on my lender). If I moved to a cheaper place and rented out my current home, how long do I have to do this before filing so that it wouold be considered a rental and not my primary home for Ch 13 purposes?

Personal Bankrupty and Corp

Jackson 8 — Mon, 23 Aug 2010 12:27:34 GMT

I am considering Chapter 13 personally and I am an independent contractor - sometimes I bill out 4000.00 a month and sometimes I bill out 7000.00 a month - in order to run my business I have expenses that change monthly - should I form a corp for my business and draw a salary and then file Chapter 13 so I can continue to run my business ( my largest client was killed in a car wreck and I am trying to stay on my feet) I live in Texas - I do not know what the laws are....or how long after I file a corp that I can file bankruptcy..

My income and expenses change daily

Thank you

Jackson 8

Appealing a civil suit - after filing bankruptcy

flowens — Fri, 20 Aug 2010 15:00:37 GMT

I have been successfully sued by a previous employer and owe approx 40k in attorneys fees and this includes the settlement amount. I will have to file for bankruptcy since this is something I cannot afford. However, my attorney believes there are important employment law issues in this case and would like me to appeal, I would like to appeal as well.

My question is: Once I file bankruptcy and the original ruling is then discharged. When the appeal is completed, if I were to lose, would I then owe the "new" attorney fees from the appeal process and potentially have to file again if I couldn't afford these fees?

Any help is greatly appreciated.

Thanks!

Mortgage Claim on WI Chapter 13 Bankruptcy

Michelle S — Mon, 16 Aug 2010 19:42:47 GMT

I have filed Chapter 13 pro se. So far everything has gone smoothly until now. I have 2 mortgages and originally only the arrearages were claimed. Now my 2nd mortgage is up for renewal and the trustee has informed me that I need to file a motion with the judge for approval. The mortgage is now due in full. Can I change my claim for the 2nd mortgage to the full payoff amount? If I can do I have to amortize at the payoff amount throughout the 60 month plan period? Or is it recommended for me to renew the mortgage for another year?

The surrendering of property after the discharge

coolbreze03 — Mon, 16 Aug 2010 18:48:57 GMT

I like to know, If it is normal procedure, For the lien holder to send out repo peple before giving options, Or even sending a letter of intent.?

Death before discharge of bankruptcy

suburbangirl — Tue, 17 Aug 2010 01:19:47 GMT

My dad has a terminal illness. He filed for bankruptcy and may not live until the discharge date. Will the bankruptcy filing be dismissed if he passes before this date?

Unique situation? Question about relief from stay

cpklover — Sat, 14 Aug 2010 23:12:01 GMT

Hi. A little background on my case.

In May of 2009 I left my drug addicted alcholic abusive ex boyfriend. No, he was not like this for the first two years of our relationship. I was young and naive, and made the mistake of cosigning a car with him. His parents would not help him and he needed a car, so I cosigned for him. (yes I know huge mistake) Then we bought a house together. Originally it was just me who was going for the loan, but they said if they put him on the loan I could get approved. So now we had a car and a house together.

When things turned ugly, I just could not take it anymore. He was verbally and physically abusive and used to take the phones away from me so I couldn't call the cops when he was drunk and attacked me. So I used to instant message a friend and that friend used to call the cops for me. I was in fear every day towards the end of going home. I knew he'd be drunk and mean and I just could not take it anymore. I asked him to leave the house several times and he would never leave. I always sat down with him and made him write out a check every month to pay the mortgage. He was the one paying the mortgage and I knew I couldn't get him kicked out. Anyway, he would not leave. Believe me I tried several times. So, when it got so bad I left. The following month after I left I consulted with a lawyer and said I would need to take my ex to court and force him to either sell or buy out my half. He was 175 dollars an hour and I was only making 20 grand a year, so I could not afford him. I tried to get financial assistance but they said I made too much money and they could not help me.

I then had to relocate for a teaching job and because of high rent, I could not afford a lawyer at the time. By October I came to realize that my ex stopped paying for the house and the car. I asked the mortgage company to mail me copies of the correspondence letters and they told me they could not. All letters were going to my ex and I had no idea of what was going on. By that time I was in a full blown depression. I had insomnia, severe panic attacks, severe anxiety attacks, and hardly ever left my apartment unless it was for work.

In January of 2010, the car was repossessed. In May of 08 my ex got into a DUI accident and conviently did not pay his car insurance, and the car was totalled. I made him pay the loan every month. But since it was totalled, we were held responsible for the 7 grand that he owed on the car. I come to find out that I was the principal lender on the car. Then my ex got into more trouble and while he was in jail I called the mortgage company and they said they were going to foreclose. Ok, or so I thought. But then my ex gets out and somehow made a deal with the mortgage company.

So, In February of 2010 I decided to file for bankruptcy. The mortgage company told me when I filed they would take me to court. But anyways, I finally had enough money to pay the lawyer in April and by the time I got everything together the Lawyer was able to file on July 30th.

So, in between February and July, I found out that my contract with the school district was not being renewed and my principal let me know that he would not have enough positions in the fall. So I made the decision to move to Georgia and live with my family. I got a job in GA, and worked there for a couple of weeks before being let go. So here I am with a Master's Degree and collecting unemployment.

I have to fly back up to Delaware to attend the creditor's meeting on the 24th. Anyway, today in the mail I got a letter from a lawyer representing the mortgage company. They have filed a motion for relief from the automatic stay. I have researched this and I understand that it is a technicality, but I do not understand what it means for me since the house is in both mine and my ex's names.

I would call my lawyer but since it is the weekend I do not have that option. Can anyone explain what the motion for relief from automatic stay means for me? My ex is not filling for bankruptcy, it is just me.

Thanks in advance,

Business and Bankruptcy

2 VICKI — Mon, 09 Aug 2010 19:37:59 GMT

I purchased a business and the former owner is filing bankruptcy. When I purchased the business, I gave him 1/3 down and he carried the other 2/3 with me paying him the balance in monthly installments over a period of 7 years. He has now informed me that he is filing for bankruptcy and that his creditors will be calling me and possibly asking for the whole amount of the money still owed to him in one lump sum? Can they do that?

Faciing Bankruptcy & Divorce possibly: BK 1st?

JourneyCC — Tue, 10 Aug 2010 20:18:15 GMT

Does the BK work in my and our children's favor in terms of child support if we BK before disolving the marriage? Or better to wait until child support is determined in divorce procedings?

Note: I make 1/3 of what my spouse does, and am trying to protect my children's financial future from 1. our debt stupidity 2. They will likely live with me 75% of the time.

Thanks!

Homestead, but no home

pumelo — Wed, 11 Aug 2010 03:27:19 GMT

I vaguely recall seeing/hearing something about homestead exemptions and not having a house. That essentially it acts almost as a wild card for a small portion of what it normally is for a house? Is this way off?

foreclosure and bankruptcy questions!!

stephie007us — Tue, 10 Aug 2010 01:10:52 GMT

I have decided to stop paying my mortgage! Alot of issues have come up this year with my husband losing his job and a few other things! I have not paid since January of this year! So my concerns are... since I will be going into foreclosure soon will the lender be able to garnish my wages at any point?? I really do not want to file bankrupcty, but would that be the best option for me? The house is the only debt that I owe!

Washington-paid off truck, work truck, and more

pumelo — Mon, 09 Aug 2010 01:36:56 GMT

Ok, so I actually have a few questions:

1-st - 99'F350. Paid off. Worth more than 3500 dollars, which is what the vehicle limit is in Washington state. (really? are there any trucks worth 3500 that are usable for work?) Is there any way I can keep it?

2nd- 2000 Freightliner Semi- It is actually for business only, however it is in my name. Any way to save that?

3rd- Account numbers and filing. I don't have all my account numbers for my debts, however I was told by a bankruptcy preparer that it isn't required, just suggested. the main thing you need is creditor's name/address/contact info. Seems odd, but couldn't find additional information.

4- bought a KTM dirtbike with a revolving account. It's not secured, and obviously it would be something they would take back, but for things acquired with unsecure debt, should they release a title?

My ex is challenging my bankruptcy

NZSki — Fri, 06 Aug 2010 17:13:05 GMT

My ex and I have been divorced for 4 years. The divorce decree said that I was to pay all the debts til the house sold and proceeds were to pay off debt. The debt was in my name but he was a secondary card holder.Problem is housing market crashed, house is not worth as much as the debt. When I do get offers he refuses them because they are not enough to totally settle the debt. Now he is opposing my bankruptcy. What can he do to me?

He was retired at the time of divorce,(he is 15 years older than I) I was making more than him and the judge felt that it would only be afew months til the house sold. I paid on the debts for 4 years now , and managed trying to sell the house because he was out of the country most of the time. I lost my job 2 months ago, and have been to my first bankruptcy creditors/trustee meeting.

He is on a pension which I did not ask to have any of. I have no real assets either.

Can he make me pay those debts?

Co-signer filed for Bankruptcy - is she protected?

ChelleC — Thu, 05 Aug 2010 21:19:01 GMT

My fiance and I have run into a situation. Back in 2005 he took out some student loans to try and go back to school. His mother co-signed on the loans. 2007 he was declared permeability disabled and when talking to the lender, they said they would send him forms to fill out to file for a disability hardship. These papers never came. Now, they've outsourced the collection effort demanding an absurdly large amount of money ($1800 just to SET UP a payment plan), threatening to try and garnish his disability payment, and are all around bullying him when they call. Now today, we find out that his mother is still attached to the loan. She filed bankruptcy 06-07 and we were told that she would be removed AS the co-signer on this loan; another thing they said they were doing but just decided that they didn't have to after all.

Is she actually protected from action because of the bankruptcy and, do WE have any recourse because of his disability? We live in Wisconsin and the loan originates here.

Chelle

Are civil suits involving criminal acts or personal injury

rbennin — Mon, 02 Aug 2010 18:36:48 GMT

Are civil suits involving criminal acts or personal injury exempt from automatic bankruptcy stays?

Ohio Southern Division

I filed a civil suit for personal injury / willful wrong doing that are malicious.

Defendant filed for bankruptcy Chapter 7.

Defense counsel notified civil court of filing.

Court stayed civil suit.

I know awards for personal injury and awards from malicious wrong doing are exempt from discharge.

Is the civil suit itself exempt from the stay? If so must I go to the bankruptcy court for relief or can I go directly to the civil court and say "you did this wrong"?

Reaffirm Chapter 7 debt

isleofview — Wed, 04 Aug 2010 19:50:25 GMT

Ohio. Filed Charpter 7 in early October 2005. Ibnitially my BK attorney led me to believe the private loan I co-signed for would be discahrged. At the signing he told me it wouldn't. Last Summer I set up a payment schedule with a debt collector since the co-borrower isn't paying. Then a couple of weeks ago I read that my loan should have been discharged and when I read my filing documents saw that it was listed [something I should have done earlier!].

My question, by paying on this loan have I reaffirmed it and now responsible even though it was previously discharged? I've contacted my BK attorney and he confirmed that it was discharged correctly but want a 2nd opinion. I sent a letter to the debt collector [along with my Chapter 7 docments] requesting that our payment schedule be voided but they are still trying to withdraw money from my account. Don't you have to submit documents prior to your filing to reaffirm a loan? TIA.

Debt collector lawsuits

hotoi1 — Wed, 04 Aug 2010 03:20:57 GMT

Hello

It looks like my previous question was misunderstood, so I'm rewriting it again. Can a debt collector use their own home state judicial legal system to sue a out state resident to collect debt.