Bankruptcy

chapter 13

Fri, 17 May 2013 22:19:27 +0000

Part of our chapter 13 repayment plan was back house taxes, after almost a year of paying on our plan our loan servicer out of the blue pays our back taxes through the county.

Reading local rules Eastern District of California, There is ways to modifie your plan but you, trustee and court have to sign off on it. We just got a letter from loan servicer they paid the taxes. What should we do?

collection agency time frame to report to the credit bureaus

Wed, 15 May 2013 21:48:46 +0000

if i pay off a debt that has been sent to a collection agency in north carolia and i move to arizona 2 years later, what is the limitation on how long the debt can be reported, and do i reference north carolina or the state i moved to as far as the law?

Discharge Taxes when Substitute return filed

Mon, 13 May 2013 16:04:08 +0000

I'm currently looking into Ch 7 in Missouri and owe about $22k in taxes and penalties. Apparently there was a substitute return filed for many of the years, however I did file a signed return later for each of these years. I filed the sign returns over three years ago but after the substitute return was filed.

I'm concerned that I can't get the debt discharged if there was a substitute return filed (even though a signed return was later filed). Am I SOL?

CAPITAL LOSS CARRY-FORWARD

Mon, 13 May 2013 12:33:10 +0000

My 71-year-old father has a $500,000+ Capital Loss Carry-forward. At $3,000 per year he won't live long enough to get any "tax advantage". Is there any means by which he can SELL (at a discount obviously) this considerable sum to another individual who can make use of it? Thanks for your ideas and input.

which comes first - divorce or bankruptcy

Fri, 10 May 2013 03:48:52 +0000

I filed for divorce October 2012 and it's still not final. We have two kids.

I am wondering if I should push the divorce through first in order to get our marital debt (medical and credit card) separated, then file for chapter 13 bankruptcy. If we file jointly before we divorce, I cannot trust that my (soon to be) ex will be reliable for paying on court ordered payments and I don't want to be penalized if he doesn't. However, my divorce attorney is trying to get me to file for chapter 7 (I qualify) - I just don't want to loose heirlooms that would have to be sold and I don't have the cash to repurchase them. (I have a bankruptcy attorney... just not the retainer fee)

So, divorce first or bankruptcy first? I have read a ton of info about each but I am so overwhelmed I can't see straight. I am willing to make payments for chapter 13 - I just don't want to rely on him to have to make his. I have enough stress as it is trying to keep my house.

My ex cannot be trusted (he is a liar) - but I don't want to jeopardize myself for trying to do the right thing and then have the creditors come back at me looking for his part. He will also file bankruptcy. (He wants to file jointly. My family is suggesting that I file separate).

Thanks for any direction you can give.

RC

Collector Filing in 2 counties for same debt

Thu, 09 May 2013 03:24:47 +0000

I owe a store credit card; I defaulted. They sold to a collector who filed in one county over from where I live (County 1). The store is not in that county either. I was unemployed and did not go to court to tell them it was in the wrong jurisdiction. Unbeknownst to me, they received a judgement against me. The same collector filed in my county (County 2) and I did go and made an agreement so I am paying a nominal monthly amount.

Recently, I did a deed search on my home and found out they put a lien on my house! The paperwork says "County 1," it is lined out and handwritten is "County 2," where I live and they filed! I would not have offered any money to them - I just got a job after several years of looking and it is for far less than I need. I would have paid the arranged amount to someone else who I owe and let them sit with the lien on my house.

Is what they did even legal? What is my recourse?

Small Claims Civil Suit

Tue, 07 May 2013 05:41:07 +0000

If someone in suing you, based on speculation of borrowed money but has no proof of delivery via receipt or contract stipulating an amount owed. Can a defendant win case based on speculation and if so can judgment be entered into bankruptcy.

I'm at the end of my rope!

Mon, 06 May 2013 20:36:41 +0000

My sister left last year and now her gigantic past due light bill is in my name and getting extremely hard for me to pay and keep up with. Any suggestions with regards to file bankruptcy?

Chapter 7 Bankruptcy - Fraud charge by creditor

Fri, 03 May 2013 17:00:10 +0000

I filed chapter 7 bankruptcy and it was discharged, but a creditor filed an adversary hearing.

The creditor offered a settlement, but the judge refused to approve the settlement.

Now the creditors attorney is pushing for a trial accusing me of Fraud.

I am awaiting their discovery request - the judge told me to respond to her since I am representing myself. Should I get an attorney or can I work thru this myself?

Chapter 13

Wed, 01 May 2013 03:41:37 +0000

My husband and I applied for a loan motification because we were behind on payments to our mortgage company. We recieved a letter from mortgage company that said we had to pay back payments within 35 days or they would foreclose on house. Well we decided that we needed to file bankruptcy, in case the loan motification was not approved. We did file chapter 13 and the same day we got a call from the mortgage company saying that the loan motification was approved for a 3 month trial at a reduced rate. Contacted our attorney and he told us to tell them we filed bankruptcy and asked them if we still could get the trial period. The person I spoke to at the mortgage company said it would have to be approved by the court. So I called our attorney back and he told me that we would have to go through the trail period first and then the court would have to approve it.So I want to know what do we do? I do not want to talk to the bankruptcy department at the mortgage company, since I am not an attorney. What should we do? Thank you for your time.