Client has contacted me regarding the filing of a Chapter 13 bankruptcy case. He was married in Oklahoma City. He and his wife divorced in the Dominican Republic. He has a Dominican “certificate of divorce.” He was referred to me by another attorney who thought he was still married in the US and thus could [...]
I am representing a Plaintiff in an action to collect on a breached promissory note. This past Monday, I received D’s Answer and I began drafting my motion for SJ. Today, D’s counsel filed a “Suggestion of Bankruptcy,” stating that D had filed for voluntary Chapter 13 in bankruptcy court last week. Enter appearance in [...]
Bankruptcy client in Oklahoma was formerly married, and owns a home under his name only. Bankruptcy client has two minor children. Bankruptcy client met a new girlfriend. The girlfriend lives with him, but a couple years ago lost her job, needed surgery, and doesn’t have medical insurance. She’s still unemployed. He’s no longer able to [...]
As for the property in this case it was a sale…after her embezzeling husband abandons marital home she sells a Mercedez that he gifted her and gets 40K out of it and later sells home and pockets 17K. I explained to her that trustee may very well demand to see proof that those proceeds are [...]
Exception to automatic stay – 362(b)(22) added in 2005 doesn’t apply because debtor is not residing in property pursuant to a lease or rental agreement. Time to redeem has expired so debtor has a bare possessory interest, but even that is protection by the bankruptcy automatic stay. I’ve heard creditor attorneys verify that in ICLE [...]