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    1. D

      Priority claim for customer deposit for a married couple

      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...
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      Owning a house with over $100K in equity and filing Chapter 7

      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...
    3. D

      Owning a house with over $100K in equity and filing Chapter 7

      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...
    4. D

      Owning a house with over $100K in equity and filing Chapter 7

      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...
    5. D

      Owning a house with over $100K in equity and filing Chapter 7

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

      Won small claims case after defendant's BK case. What now?

      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...
    7. D

      Won small claims case after defendant's BK case. What now?

      @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...
    8. D

      What can I do if I sued someone for owed money but case was not heard yet and the person I am suing declaring chapter 13 BK

      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.
    9. D

      Filed Bankruptcy and then sold land to pay for it plus other costs

      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...
    10. D

      Hypothetical - Coworker put a body part in my coffee.

      @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.
    11. D

      Filing A NOD

      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.
    12. D

      Filing A NOD

      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...
    13. D

      Income verification and process for Chapter 7 Bankruptcy

      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...
    14. D

      Filing A NOD

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

      Filing A NOD

      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...
    16. D

      Filing A NOD

      Every creditor that the Petitioning Creditors know about would have been included on the initial mailing list. The automatic stay of 11 USC 362 came into immediate effect the moment the Involuntary Petition was filed. As a result, the pending trustee sales (foreclosures) were put on hold...
    17. D

      Filing A NOD

      If these were individuals then most likely they filed Chapter 13. If any of them were over the debt limit allowed at that time, that person would have filed Chapter 11. Entities cannot file Chapter 13. A Chapter 13 is relatively simple as compared to a Chapter 11. Today, the allowed debt...
    18. D

      Filing A NOD

      Unless the court removes the Debtor In Possession (DIP) due to mismanagement or some other bad act, the Debtor is the Trustee in a Chapter 11. If the Debtor elects to file as a Subchapter V Chapter 11, a trustee is appointed but his/her job is to assist the debtor and creditors in an attempt to...
    19. D

      Filing A NOD

      Welcome to the real world. Bankruptcies are filed all the time. Secured creditors are involved and must deal with such cases as the law allows. If you do not want to be the equivalent of a bank, then don't lend out your money. If the case remains as a Chapter 7, the Chapter 7 Trustee will...
    20. D

      Filing A NOD

      This changes things a lot. If the bk sticks, the entity will most likely convert to a Chapter 11. See 11 USC 303. Please note that the term "person" includes "an individual, partnership and corporation". See 11 USC 101(41) This is a good strategy especially if, as you indicate, you are...

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