11 USC 109(e)-states that these debt limits are considered as of the date of the filing of the petition so I don’t think your idea would work. But I would wait to see what other members say since my debtors never come anywhere close to these debt levels. (e) Only an individual with regular income…
Apparently, the credit card companies DO NOT (or at least did not) retain the signed card application/contract. There are of course evidentiary objections you can use, but the key is that there IS NO CONTRACT that’s provable. There is PA case law that says you can’t prove a written contract by circumstantial evidence, either, and…
Debtor in possession sought court approval of a post petition DIP loan to be treated as super priority claim, administrative expense. Additionally, it was a liquidating plan which was confirmed. After confirmation and case closure, debtor in possession contracts with a general contractor to make improvements to real property. Finally, debtor in possession gets offer…
As long as the statute of limitations on the federal claim has not run, I don’t know of any basis to kick a federal case based on a state dismissal for failed service of process. There is no “law of the case” established if the merits of the case are never reached, and no estopped…
I have a judge that has retained exclusive jurisdiction, threatened a change of custody, and made a Objection to Relocation, in favor of the relocating party due to hardship; but then signed a “interim” parenting plan, granted unsupervised visitation (F has only seen kids twice in three years; once two weeks before trial, once after,…
We are involved in a Chapter 13 bankruptcy here which was filed to stop a foreclosure sale. The mortgage servicer objected to the plan, but cannot document the reasons why the number it puts forward are supportable. The Chapter 13 Trustee suggested that we serve formal discovery on the servicer, since it has failed to…
I have a potential debtor who has two rent houses and lives in a duplex. One of the rent houses and the duplex are unencumbered. The other rent house has a mortgage roughly equal to the value I know trustees won’t let debtor’s pay for more cars than they can drive (one for each debtor)….
Son ran up a lot of debt on PC’s credit card, essentially with PC’s permission, although the debt was incurred for the son’s benefit. Then PC’s son passed away. PC’s only income is Social Security and a small monthly pension. PC is elderly. Debt collectors are now coming after PC on the debt his son…
Client had Chapter 13 bankruptcy dismissed for failure to make payments. Still owes some taxes under the plan. Now, at month 70 or so, she wants to re-open & reinstate that bankruptcy case & pay the past due payments, which would then satisfy the full plan. She wants a discharge due to a mass of…
Objecting to a request to admit is an option….you MUST either admit or deny (you can probably still object but you must also admit or deny) or it’s deemed admitted. Rule 36 specifically allows for a motion to determine the sufficiency of the answer or objection. “Unless the court finds an objection justified, it must…
11 USC 109(e)-states that these debt limits are considered as of the date of the filing of the petition so I don’t think your idea would work. But I would wait to see what other members say since my debtors never come anywhere close to these debt levels. (e) Only an individual with regular income…
Apparently, the credit card companies DO NOT (or at least did not) retain the signed card application/contract. There are of course evidentiary objections you can use, but the key is that there IS NO CONTRACT that’s provable. There is PA case law that says you can’t prove a written contract by circumstantial evidence, either, and…
Debtor in possession sought court approval of a post petition DIP loan to be treated as super priority claim, administrative expense. Additionally, it was a liquidating plan which was confirmed. After confirmation and case closure, debtor in possession contracts with a general contractor to make improvements to real property. Finally, debtor in possession gets offer…
As long as the statute of limitations on the federal claim has not run, I don’t know of any basis to kick a federal case based on a state dismissal for failed service of process. There is no “law of the case” established if the merits of the case are never reached, and no estopped…
I have a judge that has retained exclusive jurisdiction, threatened a change of custody, and made a Objection to Relocation, in favor of the relocating party due to hardship; but then signed a “interim” parenting plan, granted unsupervised visitation (F has only seen kids twice in three years; once two weeks before trial, once after,…
We are involved in a Chapter 13 bankruptcy here which was filed to stop a foreclosure sale. The mortgage servicer objected to the plan, but cannot document the reasons why the number it puts forward are supportable. The Chapter 13 Trustee suggested that we serve formal discovery on the servicer, since it has failed to…
I have a potential debtor who has two rent houses and lives in a duplex. One of the rent houses and the duplex are unencumbered. The other rent house has a mortgage roughly equal to the value I know trustees won’t let debtor’s pay for more cars than they can drive (one for each debtor)….
Son ran up a lot of debt on PC’s credit card, essentially with PC’s permission, although the debt was incurred for the son’s benefit. Then PC’s son passed away. PC’s only income is Social Security and a small monthly pension. PC is elderly. Debt collectors are now coming after PC on the debt his son…
Client had Chapter 13 bankruptcy dismissed for failure to make payments. Still owes some taxes under the plan. Now, at month 70 or so, she wants to re-open & reinstate that bankruptcy case & pay the past due payments, which would then satisfy the full plan. She wants a discharge due to a mass of…
Objecting to a request to admit is an option….you MUST either admit or deny (you can probably still object but you must also admit or deny) or it’s deemed admitted. Rule 36 specifically allows for a motion to determine the sufficiency of the answer or objection. “Unless the court finds an objection justified, it must…