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Everything posted by doucar

  1. I don't think the lawyer's letter will be considered new evidence that was not available two years ago, unless the lawyer has been out of the country for the past two years and not available. The letter may be new, but the source of the letter is not. This is something that should have been dealt with 7 years ago. Either by withdrawing his plea when he found out the judge was not going to honor the agreement and going to trial or by a motion to rehear the sentencing. While the plea agreement is often referred to as a contract, it is not binding upon the judge since he/she was not a party to the plea agreement, until he or she agrees to it. I doubt that even an appeal would have worked 7 years ago, if the sentence given by the judge was within the statutory guidelines.
  2. It all depends upon how your us trustess office look at it, but where i have practiced, it is typical.
  3. While that may be true in theory, I have never actually seen it successfully done and never with a class action.
  4. It will depend upon whether your state classifies your claim as wages or not. As to priority, first come expenses of administration of the bankruptcy estate, then taxes, then wages, then everyone else. There are other prioritiew, but this covers your list. \r\nIf you are listed accurately as a creditor, you do not need to file a claim in a chapter 11. If not, you need to file a claim. You can use the standard claim form available online at the courts website,if you were not sent one.
  5. No. Courts are immune from lawsuit. what would be the basis of your class action. a class action requires hundreds if not thousands of participant who suffered the exact same damage.
  6. Texas is a very debtor friendly state. They cannot use a money judgment to garnish wages.
  7. I see two problems here. The first is that he has to personally appear at the 341 meeting of creditors. I doubt that they will let him out of prison for that. Second, unless he qualifies for some special program that I am not aware of, he has to pay for his own attorney, unless you choose to pay it for him. \r\nBest bet is to wait until he is out of prison and take care of it then.
  8. What you don't seem to understand is that when you filed bankruptcy, the loans went into default (assuming they weren't in default already). At that point it time, the entire balance became due. With or without the bankruptcy they could seek payment from the settlement. The fact that you are in bankruptcy saves them time and you money by letting the trustee collect it for them. By saving you money, I mean they don't get to charge you the costs of collection-writ fees, sheriffs fees etc.
  9. You need to go down to the courthouse and determine what happened. Once you default on the debt, the creditor is entitled to a judgment. Sometimes they will agree to a payment plan and will not seek a judgment unless you default, but it appears that was not the arrangement you had. Credit reports report facts. It is a fact that the creditor has a judgment against you. only if they remove the judgment will that be reported on your credit report.
  10. Since this is a post discharge asset, I doubt the trustee would have any interest in it, but you could contact their office. These class action settlements rarely include a large sum of money, that is mostly attorneys fees. Give the trustees office a call if you are concerned.
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