Debtors worked out a loan mod pre-confirmation. Plan was confirmed. 1 month later, husband rec’d a cancer diagnosis and went out on short-term union disability. Rather than paying the mortgage, they partially paid the T. They’re 3 months behind on the mortgage & he just returned to work and added a PT job. He said [...]
Judges have rejected the heads on beds approach for a hybrid of lives in the home and can be claimed as a dependant for tax purposes. See In re Jewell. Having said that, I think that I am seeing fewer challenges on this type of issue from the UST since the administration change. I think [...]
Client in poor health filed a Chapter 13 with a motion to strip the junior td pursuant to 1322b and 506a. I have had several of these granted. The judge always insists on an order that includes language that the lien strip is only effective if the debtor(s) completes their Chapter 13 plan. My client [...]
San Diego, it is taking the court s 4-6 months to process requests for default judgments in civil cases. Look at the dates on the default notices. Where they filed before or after the petition filing date. Also, there is a mandatory judicial council form to notify the state court of the automatic stay. Don’t [...]
I have a PC that filed Bankruptcy a chapter 13 petition to stop the foreclosure of her 5 properties, 1 of which was about to be auctioned off. That has been canceled for now. Well, she quit claimed (if you can add someone to a title by doing this) her property to add another person [...]
You have to file an application for additional fees, outlining the extra time that you spent and what you accomplished for the debtor and/or the estate. How you actually get paid depends mostly on local practice. In my district we could either be paid via the trustee or directly from the debtor, but as a [...]
“If your paycheck is going toward paying all these credit card companies off, you can’t get very far,” added Chaffee, who has a Web site called enemyofdebt.com. “You certainly can’t use your income as a wealth-building tool — which is what it becomes when you don’t have all these debt payments. I feel very strongly [...]
First of all, be wary of debt consolidation places, even non profit ones. I’ve seen many clients who have come in after going to a debt consolidation company. Likely, her credit reports will be “flagged” and hit with a bit more negativeness (I know, that’s not a word). If she has the time, or if [...]
Client’s case was discharged 6 months ago, property was surrendered and just got notice that the foreclosure sale was canceled and the case dismissed as the mortgage company had charged off the debt. I would strongly consider executing a deed to the mortgage co, recording it and mailing the recorded deed.Normally the grantee needs to [...]
You need a corporate resolution for the Chapter 7 filing and also a resolution appointing someone to be the corp. representative during the bankruptcy. Also, I don’t think that the corp itself is property of the individual’s trustee; rather, the shares that are owned by that individual are property of the individual’s trustee. The stock [...]