Not listing the debt is not an option – the schedules have to be truthful. Listing it doesn’t answer the question about dischargability. The creditor is unlikely to file an adversary procedure over this amount of money. They would have to prove fraud, which is difficult to do with medical expenses, generally not a discretionary [...]
and for his motion to reinstate Debtor’s Chapter 13 Bankruptcy Case and continue automatic stay, states the following: 1. Mr. filed emergency Chapter 13 bankruptcy documents on October 3, 2006 to avoid foreclosure on his house and sale of his repossessed vehicle. 2. Mr. ’s Chapter 13 bankruptcy was dismissed on October 16, 2006 due [...]
Comparing a business’ revenue to an employee’s income and saying they are the same thing. But, similar to an employee, the sole proprietor is really only able to receive the after-expenses portion of that revenue to spend on household expenses and personal indebtedness. As a practical matter, a portion of the revenue is explicitly (contractually) [...]
Section 554b of the bankruptcy code provides on the request of a party in interest and after notice and hearing, the court may order the trustee to abandon any property of the estate that is burdensome to the estate or that is of inconsequential value and benefit to the estate. The Oklahoma City bankruptcy attorneys [...]
Debtor files Oklahoma chapter 7 bankruptcy last week. Today Credit Union repossess debtor’s truck. I called Credit Union and told them what happened. CU asked me what the debtor’s intention was with the truck. I said, “other than to get it back right now, I am not sure yet, we have not filed the statement [...]
I filed a chapter 13 for debtors. The case gets confirmed. After confirmation, the Oklahoma attorney general takes action on debtors by intercepting their income tax refund. This definately seems like a stay violation. By the way, the child support arrears were scheduled into the plan. If the tax intercept was for child support, not [...]
Most courts in Oklahoma bankruptcy will not let you have two cases pending at the same time. Thus, you will have to wait for the discharge to be entered before filing a 13. In the few that do allow such, there either has to be a no asset report filed by the Trustee, or the [...]
If it’s exempt, then bringing it into the Oklahoma bankruptcy estate under the 180 day rule does not make it non-exempt. The trustee can’t get it. I would maintain it’s also not income for the mean test if you dismiss and refile, but I can see that going the other way. I can’t see it [...]
Mortgage Company hires contractor “A” to manage winterizing foreclosed homes. Contractor “A” subcontracts the job to contractor “B”. Contractor B breaks into my client’s house takes my clients personal property. Mortgage Company has no relief from Stay issued by the bankruptcy court. My clients had moved out, but still had lot’s of personal belongings in [...]