Posts Tagged ‘trustee’

What happens after Bankruptcy chapter 13 is dismissed and closed for non compliance of payment?

A house I am buying in Las Vegas, Nevada is still in escrow and I am just waiting for order from the court for release property from the bankrupty court which would happen when all the payments to the trustee are fully paid. Unfortunately, the case was closed for non compliance of payment. Since the Bankruptcy case is now closed, and the debtor( seller of the property I am buying) is no longer protected by Chapter 13 from all her debts which went back to ,000. What happens to the house I am buying now that the bankruptcy case is closed? Can the debtors run after the property which is now in escrow?

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How long does it take to file for bankruptcy after gathering all the documents?

I’m getting ready for bankruptcy after losing my job last year in a company lay-off. I finally got all the necessary documents to my lawyer and am just waiting to hear from them what to do next. Has anyone out there been through this before and can tell me how long everything is supposed to take? I have noe idea how long it will take my attorney to actually file with the court and once he does that how long it will take to get my court date to talk with the trustee.

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Need to find a good financial advisor related to my filing of chapter 13 bankruptcy?

Here is my current situation, I have the trustee meeting coming up very soon and I need to talk to a financial expert to go over my finances and to finally decide on what to do.

Currently I have filed chapter 13 but the more I think of it I feel like chapter 7 would be the best option but I need help!

any recommendations?? thoughts?

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Can I buy a cheap used car after I have my court hearing with Chapter 7 bankruptcy?

My court hearing for meeting the creditors/trustee is on July 10th for Chapter 7 bankruptcy in Florida. I was wonder since my household only have 1 car. I really need to have a extra car for me to use for work instead of using my spouse car. I’m planning to pay cash for a cheap used car but I need to know will it be a problem once after I do my court hearing?
Well I guess I have to wait for the letter of discharge right?? How long does that usually take?

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Chapter 13 Bankruptcy – How are the repayment figures calculated?

I am thinking of filing for Chapter 13 bankruptcy. I already have one judgment against me and I am worried another collection agency will be taking further action. How do they calculate the amount that the Trustee will accept for repayment? I am already paying close to 00 for my unsecured debtors. I am concerned because I am going to have some large medical bills in the near future. Any help would be appreciated. Thanks.

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How Much is Credit Card Repayment Principle Reduced Under Chapter 13 Bankruptcy Filing?

I am considering filing Chapter 13 Bankruptcy and know that I will have to pay back the creditors under the repayment plan between 3 and 5 years. I am trying to figure out how much I will be paying per month to the trustee.

I live in Florida, have 000 in unsecured credit card debt, 000 in a car loan and pay 00 a month in child support.
I make about 000 a year gross.

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How far back do they check your bank records when you file bankruptcy?

I have quite alot of debt and am looking into filing bankruptcy. How far back are they going to check my bank statements? Also my father passed away and left a life insurance policy to my mother that my name is on as a trustee…will this matter?

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How do you convert a Chapter 13 bankruptcy to a 7 in Oklahoma?

How do you convert a Chapter 13 bankruptcy to a 7 in Oklahoma if you dont qualify or make too much to do a 7? I may have to do a 13 soon but Im concerned with what I read about people not being able to make their payments to the trustee.

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In a chapter 7 bankruptcy, is a property that I own free and clear with a partner considered exempt?

I am considering filing for chapter 7 bankruptcy. I qualify based on the means test, but I purchased an investment property with a business partner 2 years ago. there is no mortgage on the property and it’s only worth about 40k. How would a trustee normally handle this property since there is another owner who is not filing for bk and is not my spouse? does that make that property exempt?

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Will my tax return be considered income in my chapter 13?

We got a large tax return this year in early February. We are now in the process of filing chapter 13 and have to provide 6 months worth of income history. Will the trustee consider our 5,000 tax return as part of our income? I know that they will take future returns. We actually had to file an amendment and now have to pay 2,700 of that back anyway, so it was really only 2,300 in excess. Also, can I include this tax debt in my repayment plan?

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What happens when a Chapter 13 bankruptcy is dismissed?

I have been working on a "plan" with my attorney and trustee for almost a year now. Now they want to increase my payments to a point where I cannot afford it. I may want to dismiss my case but what happens when I do that? I know I am thrown back to the sharks so to speak as far as my creditors go. Do I have to wait to re-file another Chapter 13 plan with a different attorney?

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What Kind Of Assets Are Sold When Someone Files A Chapter 7 Bankruptcy?

I know that the trustee has to sell whatever assets you have, to partially pay back the creditors, but what ARE those assets? Like Furniture? Dishes?

Please dont tell me how bankruptcy can ruin credit, etc. I know it already, and after all of this hell with the credit card companies and the mortgage company, who the hell in their right mind would want to deal with credit ever again? Just, if you have the answer, then great, please answer. If not, then keep your opinion to yourself and move on. Thanks.
I dont even have the money to buy food or toilet paper, let alone a boat. If they are only looking at major purchases, then they are going to be in for a shock.

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Practicalities of bankruptcy in NH?

A chapter 13 bk is likely in my future. I’m looking for some real world pros and cons about this scenario:

I’m in chap 13 and making my payments, and I see a 00 auto repair coming at me. Would the trustee let me slide on 00 worth of payments to take care of the critical auto need ? IE, how do judges handle unanticipated expenses that happen while you’re in chapter 13 ?

The other alternative that I see is – stop paying my mortgage and bank those funds. Hire the bk attorney, get it all ready to file, then sit on it. Keep ignoring the mortgage and accumulate some cash until the foreclosure sale is imminent, THEN have my attorney file the chapter 13 to stop the foreclosure and add the mortgage arrears into the payment plan. This gives me a cash cushion to handle the surprise expenses.

Comments please ?

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Can a Chapter 13 Bankruptcy be converted to a chapter 11?

The trustee will not confirm our Chapter 13 BK because we have too much debt per the guidelines for a 13. We were self employed but aren’t any longer, but the majority of the debt is from our previous business.

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In chapter 13 bankruptcy will the trustee take my Tax return?

I just recently file Chapter 13 Bankruptcy in Oct 2007, wondering if I have to surrender my tax return to the trustee?
Any light on the matter would be helpful? I filed in tennessee but live in Georgia

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What happens to your home after your chapter 13 is in default?

I recently filed for a chapter 13 bankruptcy in order to save my home and it will be dismissed because i am unable to pay the trustee,however i am continuing to make my house payment.If my chapter 13 is in default or dismissed can i still keep my home if i continue to make the payments?

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How is “Preferential Treatment” defined within a bankruptcy?

I paid some debts with no intention of filing bankruptcy. I was trying to settle on a car accident claim, but the other party decided to sue rather than settle. This pushed me into bankruptcy 2 months later. Now the Trustee in this case is claiming "Preferential Treatment" and requiring me to pay this amount to the estate because a debt was paid within 90 days of filing. Doesn’t the intent have any bearing in this case? There was no "Preferential Treatment" on my part, as I tried to resolve my debts without bankruptcy, but had no alternative after I was sued. I have records to prove that I retained an attorney to settle the accident prior to being sued and filing bankruptcy.
One payment in question was to my father who put a new engine in my car. I am not going to let the Trustee contact my father to get the money back. I wasn’t attempting to hide any money, just repaying the people and creditors that I owed. The Trustee has contacted other creditor to collect close to ,000 that I had paid prior to filing.

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How to I file a claim for reimbursement against a company that filed bankruptcy?

Today I called about my gift card for Bennigan’s and I received the following message.

"S&A Restaurant Corp. and certain affiliates have filed for bankruptcy under Chapter 7 of the bankruptcy code. The companies that filed bankruptcy cases are popularly known as Steak & Ale, Bennigan’s and Tavern restaurants. However, not all stores using these trade names have filed bankruptcy. For example, stores operated by franchisees are not named as debtors in these filings.

"It is our understanding the Michelle Chow will be appointed as Chapter 7 trustee for the entities that have filed. These are filed as liquidation cases. Future decisions regarding the affairs of the debtor companies will be determined and administered by the trustee.

"If you wish to file a claim, the form Proof of Claim can be found online at: http://www.uscourts.gov/rules/BK_Forms_1207/B_010_1207f.pdf.

"The filing does not include Ponderosa and Bonanza which operate under Metromedia Steakhouses Company, L.P."

My question is…

How do I file a claim? (There are many terms and questions on the form that I am not familiar with and I would love to see an example of a completed form.)

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Can someone else file bankruptcy for you under power of attorney?

I am currently living out of the country to help my in-laws while they are experiencing some medical problems. I want to know if my parents can file bankruptcy for me if they have power of attorney (in the state of GA)? I know I would have to go back for the meeting with the trustee and the counseling, but if they could file for me, that would really help in our situation. Any help would be greatly appreciated! Thanks in advance!

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