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    Chapter 13: Re: Complex Bankruptcy

    When I see or hear something like this I cringe.

    What do you mean by un-bundling of services?

    Do you want an attorney who will only handle one aspect of a case? Do you want an attorney who...
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    Chapter 13: Re: Complex Bankruptcy

    This is why there are appellate courts. Did you appeal the judgment? If not, it is “final” and enforceable.



    Then, looking at a Chapter 13 makes sense as it relates to addressing a pre...
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    Chapter 13: Re: Complex Bankruptcy

    Not so complex or crazy:

    I can tell you right now the Bankruptcy Court IS NOT going to determine whether or not a State Court Order is “void”. Bankruptcy Courts must follow the Rooker-Feldman...
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    Chapter 7: Re: Chapter 7 After Divorce

    Sorry, despite the responses you have gotten, and with all due respect to those who have posted, what you should be doing is talking to a well qualified attny. What you should not be doing is...
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    Re: 11 U.S. Code § and 8239;523 Claims

    https://www.expertlaw.com/forums/showthread.php?t=245080

    Des.
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    Re: 11 U.S. Code § and 8239;523 Claims

    All Chapter 11 debtors are "Debtors In Possession" unless a Trustee is appointed. Confirmed Plans can be used to reorganize or liquidate.

    I did not get involved in your other thread due to...
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    Re: 11 U.S. Code § and 8239;523 Claims

    Here's your problem.

    If the entity files Chapter 7 there is no Section 523 cause of action since entities do not get discharges and 523 only applies to individuals in Chapter 7.

    If the...
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    Bankruptcy Issues: Re: Pension Loan

    That's pretty sad. Wonder how many of those trustees have contacted their bonding company due to the breach of their fiduciary duty to creditors.

    Des.
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    Bankruptcy Issues: Re: Pension Loan

    Been doing this for over 30 years. I have never seen a trustee "ignore low-hanging fruit" when that fruit amounts to $20k but, great minds can differ.

    Des.
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    Bankruptcy Issues: Re: Pension Loan

    The pension loan needs to be repaid, NOT the loan to the insider.

    OP borrowed money from a pension plan and then elected to use that money to pay a family member ergo there is a preference if...
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    Bankruptcy Issues: Re: Pension Loan

    If you are filing a Chapter 7, to protect the family member (insider) from a claim to recover the loan payback as a preference you need to wait 1 year from the last payment made. Anything paid...
  12. 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...
  13. Chapter 13: Re: Registration Loans and Chapter 13 Bankruptcy

    Then who holds the 1st position lien and why?

    Des.
  14. 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...
  15. 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...
  16. 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,...
  18. 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: //...
  20. 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...
  21. 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:


    ...
  22. 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)
    ...
  23. 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...
  24. 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...
  25. 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...
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