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  1. Chapter 13: Re: Registration Loans and Chapter 13 Bankruptcy

    @hopej50

    1. Can a junior lienholder repo/foreclose its lien in Arizona? Yes. But if it does so, it takes the property subject to any senior liens.

    2. Can a Chapter 7 reduce a lien on...
  2. Chapter 13: Re: Registration Loans and Chapter 13 Bankruptcy

    Then who holds the 1st position lien and why?

    Des.
  3. Chapter 13: Re: Registration Loans and Chapter 13 Bankruptcy

    Not sure why you think that. The ADOT statement is a warning to a potential buyer of the vehicle that there is at least one lien against it. Such has nothing to do with placing a junior lien on the...
  4. Chapter 13: Re: Registration Loans and Chapter 13 Bankruptcy

    If they have an attorney he or she is the best person to answer their questions.

    As it relates to Title vs. Registration loans, they need to be sure there is no lien on the title (other than a...
  5. Chapter 7: Re: What Happens in an Involuntary Bankruptcy if the Debtor Doesn't Meet the Means Te

    The analysis is correct.

    In an Involuntary case, the Order for Relief is entered only after the debtor was given the opportunity to Answer the Complaint and defend his/her right NOT to be in...
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    Chapter 7: Re: Suing the IRS in a Chapter 7 Bankruptcy

    BB,

    I read your comments here after I made the longer post.

    As I stated, meeting the multiple test to discharge taxes is not the definitive answer. You may think your taxes meet that test but,...
  7. Post-Discharge Issues: Re: Can I Add My Car to Bankruptcy

    This:



    Couldn't have said it better.

    Des.
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    Bankruptcy Issues: Re: What is a Medical Bankruptcy

    The poster got this “quote” from the following web site which clearly has nothing to do with US bankruptcy law and, if the web site so asserts, the administrator of the site is wrong.

    https: //...
  9. Bankruptcy Exemptions: Re: Can I File Bankruptcy

    I have read back through the posts. Thank you AJ and Mr. K for the exemption info.

    OP,

    Assuming there is equity in your residence above the allowed exemptions, once a creditor obtains a...
  10. Bankruptcy Exemptions: Re: Can I File Bankruptcy

    Note entirely true. In general the land contract is an executory contract that can be assumed or rejected by the Trustee (See A below).

    A good analysis found after a quick Google search:


    ...
  11. Chapter 7: Re: Adversary Proceedings

    Please answer the following questions.

    1. How much did you receive on the insurance claim?

    2. How much is the total debt you listed on SCHEDULE F? (look at the document - don't guess)
    ...
  12. Re: Secure vs Unsecure Debt Settlement in Chapter 7 Bankruptcy

    The Trustee is correct. You can do it on line but make sure you are referencing that you are amending claim number ___. Do not file a new claim. Amend the one you already filed from secured to...
  13. Re: Secure vs Unsecure Debt Settlement in Chapter 7 Bankruptcy

    You must have filed a secured Proof of Claim. A trustee will not include a secured creditor in the distribution because 11 USC 726 does not include such distribution. If you do not amend the POC to...
  14. Chapter 13: Re: Creditor Failed to Change Address

    AJ.

    It's a bit more complicated than just referencing the non-dischargeability of a DSO.

    OP was very particular with the words used to describe the debt: "property settlement".

    OP then...
  15. Chapter 7: Re: Can You File a U.S. Bankruptcy Case While Living in Canada

    Filing a bk in the proper district in Florida, if you meet the venue requirement, will stop the lawsuit due to the protection of the automatic stay.

    Des.
  16. Chapter 7: Re: Can You File a U.S. Bankruptcy Case While Living in Canada

    Are you asking if a Canadian insolvency proceeding filed in Canada will stop collection efforts of a debt owed in the US?

    or

    Are you asking if you can file a bankruptcy, under the US...
  17. Chapter 7: Re: Bankruptcy

    Is this the same poster as in this thread?:

    https://www.expertlaw.com/forums/showthread.php?t=228165

    If not, the above thread may help.

    Des.
  18. Chapter 7: Re: Trustee Wants to List Bankrupt Homeowner's House on the Market

    If she converts to a 13 she is looking at a monthly Plan payment somewhere around $590.00 per month for a total of 60 months if all creditors file timely claims. If she is paying on a vehicle that...
  19. Chapter 7: Re: Trustee Wants to List Bankrupt Homeowner's House on the Market

    Hindsight is 20/20. . .



    Agreed. Please tell us how much is listed for her unsecured creditors.

    Des.
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    Post-Discharge Issues: Re: Civil Procedure Matters

    You are correct. The matter is way too convoluted. I have no problem looking at the pleadings off of PACER but, you giving that information means you are giving up your anonymity. I would need the...
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    Post-Discharge Issues: Re: Civil Procedure Matters

    A little late to the party but, my guess. . .

    8 years ago Debtor A filed bk. Trustee A was assigned to the case. At the time of filing or within the 4 years prior to the filing Debtor A was the...
  22. Chapter 7: Re: Trustee Wants to List Bankrupt Homeowner's House on the Market

    The Chapter 7 Trustee has the absolute right to attempt to sell the home. In most (but not all) jurisdiction, the Trustee cannot complete a sale unless he can pay the allowed exemption out of the...
  23. Chapter 7: Re: Will a Chapter 7 Bankruptcy Clear a Bail Bond if You're the Co-Signer

    The obligation to pay the bond is no different from any obligation such as a medical bill, personal loan, credit card, etc. It is dischargeable in bk. Many times such bonds have collateral. Had...
  24. Chapter 7: Re: How to Get the Finance Company to Release Lien After Discharge

    Problem is, should something happen causing injury, OP is still the titled owner and could be dragged into the situation. OP's issue is a perplexing one and I have no idea how to resolve it other...
  25. Bankruptcy Issues: Re: Will Bankruptcy Prevent a Lock Out After Foreclosure and a Sheriff's Sale

    Where there's a will, there's a way. Hope it works out for OP.

    Des.
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