Recent content by despritfreya

Personally, I believe it is per contract. One contract for H&W therefore one allowed Proof of Claim. Part of the claim is priority and part is a general unsecured claim. The priority portion is limited to one claim under 507(a)(7) but, I could be wrong. As to payment - If the case remains a...

Folks, please chill. We all have our own opinions and experiences. Mine are from the prospective of being a bk attny who typically deals with more complex problems facing debtors and in many instances, doing damage control. There may not be a right or wrong answer to the issues being raised...

The reference was in relation to bankruptcy and/or evading a creditor's attempt to collect. However, selling a large asset for less than its value, unless you are completely debt free, can be problematic if and when creditors come knocking. I believe all States have a Fraudulent Transfer...

I have not read the responses so what I am going to post may very well be included in some of the posts already done. Re-writing OP’s original post: My brother and his wife owned a home. They separated and for 7 years, based upon the “show me the note” argument, my brother lived in the...

I see I was asked to look at this thread. Please bear with me. I will try to review in the morning. Des.

Here is bk law in the 5th Circuit which includes Texas: In re Jones, 63 F.3d 411 (5th Cir. 1995), citing to the earlier case of Picco v. Global Marine Drilling Co., 900 F.2d 846, 850 (5th Cir.1990) And here it is in action in a 2011 case out of the WD of Texas: In re Stone Creek Vill. Prop...

@ahava01 1. Is your lawsuit against a human or an entity (LLC or Inc.) or both? 2. Who filed bk - a human or an entity or both? If you proceed in state court against whomever filed bk you, in fact, did violate the law. See 11 USC 362. If you obtained a judgment in violation of the law...

I really have nothing to add to this. Taxing Matters' comments are spot on. OP should file a timely Proof of Claim and wait to see what happens. Based upon the comments in this thread, I see no basis for attempting to seek a judgment excepting the debt from Discharge. Des.

I was asked to look at this. From what I gather. . . 1. Mom filed Chapter 13. 2. Mom owned land at the time the case was filed. 3. Mom's Chapter 13 Plan was Confirmed (approved) by the Court. 4. Mom found a buyer for the land and, through her attorney, mom filed a Motion to Sell the...

@Just Blue Thanks for the ping. As this is not related to bankruptcy, I have no comment other than supporting the suggestion that OP should discuss his situation with a qualified attorney in his location. Des.

It goes on for as long as it takes. A family member's divorce took just over 3 years and there were no real assets to argue over. Des.

TM is correct. Once the property is abandoned, the lienholder may proceed under State law to take back the collateral. As to the Court approved sale of other property, the Trustee, in his capacity as Trustee for the Bankruptcy Estate, is the "owner" since he controls the property of the...

For Means Testing purposes (and Schedule J), I use the “heads to beds” approach. If the exchange students are living with you when you file then they are “dependants”. If you get any stipend for them, such is “income”. You need to check with a local bk attny to find out if such is how your...

Then, your discussions regarding the property will continue to be with the Chapter 7 Trustee and/or his/her attorney. Des.

1. Until the case has been adjudicated as an Involuntary Petition, nothing is going to happen. You need to determine where in that process things stand. 2. Once the stay is lifted, it is lifted. A conversion of the case is not going to change that unless there is something in the Order...