Does he need the $299 to buy groceries? to pay rent? put gas in his car? I request waivers when clients have the money for necessities sitting in a bank account. I make a note on the application that “funds in the bank are intended for this month’s expenses.” When the pension or SSI check…
It may show that the joint debts are involved in a bankruptcy (or debts where non-filer is an authorized user). However, if it implies that the non filer actually filed, then be prepared to sue the CRAs. Co-debtor should pull credit report post-discharge to make sure. Nothing like a screaming phone call from a co-debtor…
To settle an adversary claim to determine dischargeability of student loans, creditor/defendant insists that ” debtor stipulates as to the fact that the loans are non-dischargeable.” Sounds like a conclusion of law or application of law to fact, not “fact.” Motion to Dismiss under Rule 7041 and leave it up to the court whether a…
Generally if it’s a roommate situation its a household size of one you list only the debtor share of shared expenses. For unmarried couples then I have to look at other factors like joint bank accounts, are there kids (of both of them)etc.
Creditor (2nd mortgage) filed an adversary proceeding against my client in 2006. She never got notice. While the creditor served her at the address on file in the bankruptcy proceeding, she had informed the creditor that she moved (the house was foreclosed on and sold) and gave the creditor her new address. She did finally…
A taxpayer making a voluntary payment can determine how it is applied. However, an involuntary payment is applied as the Service determines is in the best interest of the government. Whether 90% is usury is a state law question. Illinois , for example, has no general usury law anymore. Even though Illinois doesn’t have a…
Paid and crammed down real property. Citifinancial accepted payment for the property. Client has been discharged for a year and a half. Citifinancial Dept 1 says property paid in full. Citifinancial Debt 2 says property debt outstanding and they won’t release lien. AP for a declaratory judgment and for a discharge violation and sanctions.
Ascension filed a Request for Notice under B.R. 2002 & 9010. The Notice was not signed by an attorney; I thought only an attorney could represent a Corp. It appears Ascension is handling Reaffirmation Agreements for Eastern Bank. They handle Capital One Auto as well. They tend to dispute valuations and interest rates, but they…
PC (household of 4) purchased a duplex with his sister’s family. Both PC’s family and sister’s family live in the duplex. PC wants to file for Chapter7 and retain & pay. you can always retain and pay in a real property situation. They just continue on the mortgage as is but my client would be…
We have a decision by a local Judge that simply says it is simple math to calculate this entry but he wasn’t facing an ARM. The UST is fighting me on it in an abuse motion arguing that currently only a neg am payment is contractually due. Easier if an adjustment to p&i occurs within…
Does he need the $299 to buy groceries? to pay rent? put gas in his car? I request waivers when clients have the money for necessities sitting in a bank account. I make a note on the application that “funds in the bank are intended for this month’s expenses.” When the pension or SSI check…
It may show that the joint debts are involved in a bankruptcy (or debts where non-filer is an authorized user). However, if it implies that the non filer actually filed, then be prepared to sue the CRAs. Co-debtor should pull credit report post-discharge to make sure. Nothing like a screaming phone call from a co-debtor…
To settle an adversary claim to determine dischargeability of student loans, creditor/defendant insists that ” debtor stipulates as to the fact that the loans are non-dischargeable.” Sounds like a conclusion of law or application of law to fact, not “fact.” Motion to Dismiss under Rule 7041 and leave it up to the court whether a…
Generally if it’s a roommate situation its a household size of one you list only the debtor share of shared expenses. For unmarried couples then I have to look at other factors like joint bank accounts, are there kids (of both of them)etc.
Creditor (2nd mortgage) filed an adversary proceeding against my client in 2006. She never got notice. While the creditor served her at the address on file in the bankruptcy proceeding, she had informed the creditor that she moved (the house was foreclosed on and sold) and gave the creditor her new address. She did finally…
A taxpayer making a voluntary payment can determine how it is applied. However, an involuntary payment is applied as the Service determines is in the best interest of the government. Whether 90% is usury is a state law question. Illinois , for example, has no general usury law anymore. Even though Illinois doesn’t have a…
Paid and crammed down real property. Citifinancial accepted payment for the property. Client has been discharged for a year and a half. Citifinancial Dept 1 says property paid in full. Citifinancial Debt 2 says property debt outstanding and they won’t release lien. AP for a declaratory judgment and for a discharge violation and sanctions.
Ascension filed a Request for Notice under B.R. 2002 & 9010. The Notice was not signed by an attorney; I thought only an attorney could represent a Corp. It appears Ascension is handling Reaffirmation Agreements for Eastern Bank. They handle Capital One Auto as well. They tend to dispute valuations and interest rates, but they…
PC (household of 4) purchased a duplex with his sister’s family. Both PC’s family and sister’s family live in the duplex. PC wants to file for Chapter7 and retain & pay. you can always retain and pay in a real property situation. They just continue on the mortgage as is but my client would be…
We have a decision by a local Judge that simply says it is simple math to calculate this entry but he wasn’t facing an ARM. The UST is fighting me on it in an abuse motion arguing that currently only a neg am payment is contractually due. Easier if an adjustment to p&i occurs within…