Posts Tagged ‘bankruptcy court’

As a subcontractor can I be held liable when a general has filed backruptcy. I was paid in full.?

The job was completed by me in March 2006, unknown to me the general filed bankruptcy in Feb 2006. Now the bankruptcy court has summons me to appear in court due to in fact that I was paid 00.00 after the filing of the bankruptcy. What is my liability?

Technorati Tags: , ,

Can I sue my bankruptcy attorney's?

I recently filed chapter 7 bankruptcy and was awaiting my discharge papers. Instead I received dismissed paperwork because my attorneys did not send my financial management certificate to the bankruptcy court. They had the paperwork 5 days before my case was dismissed, now they want me to wait another month to wait for a discharge. I need a car and my children have been living with relatives until I can get on my feet.

Technorati Tags: , , , , , , ,

While in a Ch. 13 bankruptcy, can my mortgage company still foreclosure?

I am only one month behind. I would think that they would have notified myself, attorney or bankruptcy court, however did not. And if they did break bankruptcy laws and cause me unnecessary stress with according to my dr. is bad for my health, could I sue them?

Technorati Tags: , , ,

How do I file a violation of divorce decree myself..my attorney blames it on oth attys.I can't get a cl fr at

I gave land to ex ..he was supposed to refinance. we had to file bankruptcy..one lot was sold..the other abandoned by bankruptcy court. The note was in name only. He was supposed to refinance w/in 4 months ..did not and now the note is back in my name and my atty said to see the bankruptcy atty..he said see my div atty. I have cld attys and left online requests for atty to call. I am so frustrated. How do I file to the court to show a violation of divorce decree and get the land awarded back to me so I can clear my credit. In the meantime..the note is almost 00 past due!!
Why can’t I get an atty to call/

Technorati Tags: , , ,

Thanks for destroying American business and jobs Obama, oh yeah and thanks for higher fuel costs?

Gulf Oil Rig Operator to Sell Assets to Rival

Gulf of Mexico No Comments

By DANIEL GILBERT And STEPHEN POWER

HOUSTON—Seahawk Drilling Inc., one of the largest operators of shallow-water rigs in the Gulf of Mexico, on Friday said it would seek bankruptcy protection and sell its assets to a competitor, blaming the Obama administration for a crippling regulatory environment in the aftermath of the BP PLC oil spill.

Seahawk’s assets will be acquired by Hercules Offshore Inc., in a cash and stock deal worth about 0 million. The cash component will be million but could be upped another million if needed to pay Seahawk’s debt. Hercules will also provide the seller 22.3 million shares of common stock, valued at .36 per share. The number of shares would be reduced, however, if more cash is required.

The deal is subject to bankruptcy court approval.

On Friday, Mr. Stilley, in a statement, blamed the recent slowdown in Gulf drilling for a blow that caused the company to pursue Chapter 11 protection.

Seahawk was “forced to seek strategic alternatives only after an unprecedented decline in the issuance of offshore drilling permits following the Macondo blowout,” Mr. Stilley said, referring to the BP well that blew out on April 20, killing 11 workers and triggering the worst offshore oil spill in U.S. history.

Technorati Tags: , , , , , , , , , , , , , , , , , , ,

Is there a way you can file Chapter 7 yourself?

Is there any way that i can file a Chapter seven on my own in Bankruptcy court?

Technorati Tags: ,

My attorney made a mistake in my bankruptcy, who pays for that?

I borrowed 30.000 from a relative to buy a small house because we are losing our home in the bankruptcy. The mortgage had to be signed and recorded in 30 days. Because I can’t have more than 20.000 in equity n our home. My attorney had forgot to inform us of this and now the bankruptcy court has seized our new house. His excuse was he has too many clients and it was a simple mistake. We can now buy it back from the court for 30.000. We don’t have another 30.000 what can we do, is it our attorney’s fault. We hired him because we don’t know a lot about the bankruptcy rules.

Technorati Tags: , , , ,

How to get money for college when family in bankruptcy?

My parents have filed bankruptcy and it wont be up for 2 more years. I start college this fall, but we don’t qualify for state or federal grants because "we make too much money". What the FASFA people don’t realize is the payment they make monthly to the bankruptcy court. My parents are so poor they have to borrow money from me that I make at my part time job, just to buy groceries. I wont be able to work much when school starts and I was wondering if anyone knew of some scholarships (no matter how little, every bit helps) or grants so that paying for books and related expenses wouldn’t be such a hassle. Tuition is free until i leave my community college (I have %75 bright futures). I just need help paying for books, supplies, and possibly gas. Can anyone help?
No loans whatsoever. I need grants or scholarships.

Technorati Tags: , , , , , , , , , ,

Does anyone know what to expect in Bankruptcy Ch 13 in the state of California ? I'm scared need advise"?

my property has too much Equity, my attorney filed a Bankruptcy Chapter 7, & later on after filing for ch 7 our attorney realized that our equity is high so then he asked me & my husband 2 convert 2 Bankruptcy CH 13, this alarmed us, We are so comfused & scared more than ever, We are current with our primary Mortgage & 1st & 2nd Loan with our Bank that is tied up with our property, our balance is $ 129,000.00 & our Appraisal is for 5,000.00 & we are current with our Property Taxes/Homeowners Insurance. & we are current with our car payment & auto insurance. Our reason 2 File for Bankruptcy in the 1st place was because of personal credit card debts, we were told from our attorney that we do qualify for CH 7, Now our attorney tells us we do not qualify for ch 7 so we have to convert to CH 13, but he says our home is not secured with the 0,000.00 Home Exemption. our children are all Adults, even though they live with us, & we support them financially the court does not reconize my college children as our dependents under the law and because 2 of them file for thier own tax-return for years now so I only have one adult dependent age 18 who is still a full-time student in High School. another thing the lawyer said 2 us when after we signed the forms for ch 13, last week friday. that we qualify for a 100% Pay Back Plan. not reduced like they do for Consolidation, & not even once did the lawyer mention anything about consolidation so I am really comfused, I even asked an attorney at the Pro-Bono work shop @the Santa Ana Bankruptcy Court House 2 weeks ago & I asked if its safe to convert my case to a ch 13 to keep my property & personal property safe they said yes, & that I would have to pay what I could only afford a month from my husbands income for a 5 year plan"so I thought ok, this is good" But, when I saw my lawyer last week 2 sign 4 the convertion to a CH 13, she said my minimum payment would be around ,000.00 a month 2 pay back my creditors & that’s the lowest payment the court would offer according to our attorney 2 start with & it will go higher in a couple of months "We can’t afford this" what should we do? this attorney is confusing us, my English is fluent but, the legal terminology is very confusing" if you have been through something like this before (or) if you know someone that had gone thru this in CA we would really appreciate any feedback you may offer, I tried 2 call my attorney again & she does not return calls I am scared for me & my family. Thanks 4 listening hope 2 hear from someone that would have knowledge to give us feedback that is true no matter how bad it ism we want to know what to expect & what we should do.
Mary:
Orange County, CA, USA

Technorati Tags: , , , , , , , , , , , , , , , , , , ,

In filing chapter 7 bankruptcy can the court take your children's money that they?

received from a personal injury settlement. I am receiving some money and my two children 11yrs old and 13 yrs old are receiving some money from a car accident. Can the bankruptcy court take their share of the money or is it protected. We will be filing a Chp 7 bankruptcy in about 1 month.

Technorati Tags: , , ,

Just recieved Notice of chapter 7 case closed without discharge as debtor did not file official form 23,?

Debtors certification of completion of intructional course concerning personal Financial management. I filed for bankruptcy in Feb 2009 and court date was in march 6, 2009. l took the online course same day as court case. I still have certificate dated March 6, 09. Just recieved notice Sept. 21, 2009. Notice dated Sept. 17, 2009. If i go to bankruptcy court tomorrow with copy of certificate what is going to happen to me and my case? Will l have to pay any money? Will the case be closed completly? Please help l need answers.

Technorati Tags: , , , , ,

Should I stop paying bills before filing bankruptcy to save cash?

I am afraid I am going to have to file bankruptcy. If that turns out to be my last option, should I stop paying all my bills, except utilities, so I can save up as much cash as possible before hand? Will the bankruptcy court take the cash if I do? How long could I do this?

Technorati Tags: ,

Just recieved Notice of chapter 7 case closed without discharge as debtor did not file official form 23,?

Just recieved Notice of chapter 7 case closed without discharge as debtor did not file official form 23,?
Debtors certification of completion of intructional course concerning personal Financial management. I filed for bankruptcy in Feb 2009 and court date was in march 6, 2009. l took the online course same day as court case. I still have certificate dated March 6, 09. Just recieved notice Sept. 21, 2009. Notice dated Sept. 17, 2009. If i go to bankruptcy court tomorrow with copy of certificate what is going to happen to me and my case? Will l have to pay any money? Will the case be closed completly? Please help l need answers.

Technorati Tags: , , , , , , ,

How do we handle SLM corp attempting to collect on a student loan included in a July 2005 Bankruptcy?

In July of 2005, my wife filed Chapter 7 bankruptcy. In her bankruptcy, she included a private student loan to SLM Corp on the order of 00. I am aware that government backed loans are not discharged in bankruptcy , but from my readings, private loans, such as the Signature Student Loan from the Sallie Mae subsidiary SLM Corporation were dischargeable before the enactment of the new bankruptcy laws in October of 2005. SLM is now attempting to collect on this loan, and is calling 5 times per day, refusing to provide requested documentation, and is in general being an @$$. How do we get SLM Corp to stop trying to collect on this debt? What’s the steps in filing the necessary paperwork with the bankruptcy court? Are there any Denver based attorneys willing to help us with this who read here?

Warning: RANT AHEAD: Read only if you want to hear another sob story about Sallie Mae and their downright abusive treatment of borrowers.

What’s truly rich about this is that my wife is still in school. All the options available to public loans, such as in-school deferment, Income Based Repayment and Income Contingent Repayment, hardship forbearance, unemployment forbearance, and so on which excuses the public student loans from being dischargeable are not available for this private loan. My wife is a full time student, and is living now on student loans while getting her master’s degree, but because of this early bachelors degree loan, she would have to contemplate dropping out of school and trying to find a job in this economy to pay this loan back, if she owed it.

All the lawyer firms locally say that they won’t touch the case because ‘Student Loans are not discharged in bankruptcy’. Yet online, there is site after site stating that non-governmental backed student loans only became non-dischargeable after the new bankruptcy laws of 2005. I’m hoping that I can find an attorney who can help us.

BTW, Sallie Mae? If any of your goons are reading this, perhaps they can take this message back to you. You know that nearly ,000 in student debt that you have that is Federally guaranteed? This summer, we’re consolidating it with the Federal Direct Loan my wife got last year. Say bye to all that interest. ;) And I’m going to recommend this course of action for everyone who has a Federal loan through you.

Technorati Tags: , , , , , , , , , , , , , , , , , , ,

does being on a deed for a home open it up for seizure during bankruptcy?

My ex and I are still married, though we’ve been separated for over 2 years. We bought the house that he has when we were married, though my credit was iffy at that time and I am not on the mortgage information.

I am severely in debt and am looking to file chapter 7 bankruptcy. I am on the deed to the house, but not on the mortgage. Does my filing bankruptcy put the house that he lives in at risk? Also, I’m filing for divorce on Tuesday and am giving him the house in the divorce.

I want to ensure that if I go into bankruptcy court they can’t take my ex’s house from him. I am also on the joint bank account that he has, but I’m going to go to the bank with him shortly to have my name taken off of it.

Any information on this would be appreciated. If I sign a quit claim deed for the house does that stop them from being able to take his house? What’s the process?

Thanks
but what happens if I file bankruptcy and he doesn’t? Will they go after the home to satisfy my debt? He has some equity in the home, but I’m not sure if it’ll be enough to cover all that I owe.

I just don’t want to make this divorce harder than it already has been.

Technorati Tags: , , , , ,

can i lose my new home when the seller files bankruptcy 6 months after the sale?

I bought my home in 02 from my mom with a gift of equity of 40,000. 6 months later she filed bankruptcy. she made 0 dollars on the sale. ( i paid off her old mortgage of 55,000 which is all she wanted). Now the bankruptcy court wants to take my home inless i pay off her debt. can they do this

Technorati Tags: , ,

Should one be allowed to pay religious tithing when they are filing for bankruptcy?

I personally say no since charity starts at home and if your filing bankruptcy that means you don’t basically have the finances for anything extra such as 10 percent tithing. What do the rest of your think?
~FYI~ Senator Orin Hatch of Utah and Baraq Obama are in favor of this bill
So it is alright to default paying others their money but it is alright to keep giving money to whatever church you happen to belong to, interesting—-
The Salt Lake Tribune/December 7, 2006
By Thomas Burr
Washington – Congress has passed legislation co-sponsored by Sen. Orrin Hatch, R-Utah, that would allow a person to contribute to charity or pay religious tithing during the course of a consumer bankruptcy. The bill, also sponsored by Sen. Barack Obama, D-Ill., passed the House on Wednesday; the Senate approved the measure in September. "Congress has a long history of protecting our religious freedom to tithe," Hatch said in a statement. "That was our intent when we enacted bankruptcy reform last year, and this bill clarifies the law so that those who tithe can continue to live their faith while in bankruptcy." A ruling by a New York bankruptcy court earlier this year prompted the legislation. The judge ordered that an upper-income couple filing Chapter 13 bankruptcy could not pay tithing to a church until all creditors were paid first.

Technorati Tags: , , , , , , , , , , , , , , , , , , ,

Can I file bankruptcy when the nearest court is too far to walk too and I have no income to pay filing fees?

No job, only -50 per week of misc income, 20k and rising law suit judgments threatening to take my single remaining possession, my home worth only 000. Nearest bankruptcy court is 100 miles south and I have no transportation.
What options are there since I cannot afford a lawyer, legal aid does not handle these cases and no lawyer in my county does pro bono work (contacted all 3 of them listed in the phone book).
To clear up a couple things. My home has no mortgage, although one company is threatening to place a lien on my home since I am unable to pay the judgment.
In terms of a job I would love to have one if someone can hire me with no transportation. Most jobs require reliable transportation which is the #1 reason I get turned down. I have been making oney from home and attempting to start a business but that requires money I do not have but I am able to get small jobs doing general labor but this usually gets me less then per week and in winter months are very difficult to acquire.
I manage to do ok now but all the law suits re from my business which failed in th worst way back in 2007. I am still trying to recover from this but the current economy works somewhat against me with no job history.
Of course the main point I need to answer is how can I file with no form of transportation to the court and no money to pay filign fees. Can I protect my assets from lien being applied?

Technorati Tags: , , , , , , , , , , , , , , , , ,

are there any requirements to filing bankruptcy?

Other than qualifying, do I have to see a credit counselor, is there pre filing paperwork? I live in california. Can I just walk into the bankruptcy court and file in 1 day?

Technorati Tags: , ,

Any chance I get paid from a company that filed Chapter 7 bankruptcy?

I did a contract job for them in July 2008, they owe me 00. They filed chapter 7 bankruptcy a week later. I filed a claim with the bankruptcy court but haven’t heard anything. Can I expect to get anything owed to me?

Technorati Tags: , ,

-->