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adversary proceeding x

  • dongris
    started a topic worry about getting hit with an AP

    worry about getting hit with an AP

    Hi,

    i took a debt consolidation loan 7 months ago for $20,000 from discover bank. $16500 went straight to pay off my debts and $3500 to my account. I made all the payments (468x6=2808) until now that i did chapter 7. i did not lie on the loan application in order to get the loan....
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  • AP notice received today ... scared ... stressed ... long story thanks for helping

    Long story short (as short as I can make it)

    Preface (for back story):

    In August of 2011, we had some work done in our home. The insurance company paid us for the work. The work wasn't done correctly, and with the recommendation of our 3rd party adjuster, we paid a second...
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  • Mortgage Co. forced me into an unfair settlement after I sued them.

    I couldn't find any posts related to my specific issue, but if there are please let me know.

    Nationstar Mortgage purchased my mortgage in November 2011 from Bank of America. I have been in Chapter 13 bankruptcy since July 2010. Per the BK Court ordered 5 year plan, BofA and subsequently...
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  • adm
    started a topic Adversary/Pro Se

    Adversary/Pro Se

    Hi!

    So, I owe about $175K in student loans, $28K of which are private. Am current with loans (was continually deferring feds or paying $50/m). I was discharged from Ch.7 in Sept'10 and we filed an adversary proceeding to try & eliminate or reduce my student loan debt. I have a good...
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  • Adversary Proceeding - How to remove it to District Court?

    My situation is a long and disastrous one at this point. I have two separate attorneys working on my Chapter 13. One was hired just for the bankruptcy and the other was hired for an adversary proceeding against a bank. Unfortunately, the bankruptcy attorney turned out to be a complete joke and due to...
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    Last edited by DoctorWho; 02-27-2011, 03:27 AM.

  • willdufauve
    started a topic Maximum Lookback for Objections?

    Maximum Lookback for Objections?

    On unsecured Credit Card debt, especially luxury purchases, BK7, clearly outside the 90/70 rule, way beyond the 6 month guideline...is there a maximum lookback time that the CC company can go to object to the purchase? I think I read somewhere there's statutory limit of 2 years?
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  • We need to file for an advesary meeting after being confirmed???

    Hello, My husband and I have been confirmed since 10/12/2010. We have been making our payments but I noticed through the national data center that no payments had been being made to our creditors, including to our trustee. I called the trustees office and asked if there was an issue and found that...
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  • Discharageability Complaint filed by creditor

    I'm only able to disclose some information due to the fact I don't know which adversary attorneys or creditors read this forum.

    We received a discharageability complaint from the lender who financed a vehicle. The lender released the lien to the vehicle (before it was paid off) and we...
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  • No reply to our AP Answer...what happens next?

    Here's the situation so far:

    - AP filed by secured creditor (Havertys furniture) on bar date, 10/25. We purchased the furniture on store credit about 115 days before filing Ch13. Havertys claimed that we did not reaffirm and "refused" to surrender to collateral (they never asked),...
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  • Need help bringing an AP against someone I have a judgement against

    I have a civil judgement against a person. And yes there was fraud involved, so I am wanting to file an AP under section 523. I do not have money to hire an attorney and need to file pro se. Has anyone done this or have sample AP paperwork that I could follow to do mine. Also tomorrow I am filing an...
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  • mgs0987
    started a topic whats the chances capital one will file an AP?

    whats the chances capital one will file an AP?

    I filed last month, about to have my meeting of creditors next week. I'm very nervous about an AP from capital one. I have never missed a payment to them but back in june I took a large cash advance check for 3500 dollars to pay basic living expenses for the month of july because I was off work unpaid...
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  • 341 Meeting Friday-Trustee's Report of No Distribution

    Hello:
    I am a wreck and will continue to be - but after the meeting - which went fine - I checked Pacer Friday night and the Trustee had a report of No Distribution and he was finished with the case. So - what does this basically mean - and a dumb question - why do we wait 60 days for discharge?...
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  • Paul Hupp Student Loan Rant, filed with 9th Circuit

    I don't have time to search for it, but if you can, track down this Notice of Appeal

    9th Circuit Court of Appeals
    Case Number 08-56403
    Petitioner Paul Hupp
    Filed 6/21/10
    Find and read the Petition for Rehearing, it is hilarious and describes the frustration with...
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  • anafan
    started a topic question about credit card debt

    question about credit card debt

    I will probably be filing chap 7 BK, I'm aiming for May 2011. I took out 4k (2K split over 2 diff CC's) in 2 cash advances, 9 months ago. I have receipts for everything I bought and bills I paid. I spent it mostly on household goods, that my ex trashed or took (or were just old as dirt) in his grand...
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  • BOA considering adversary proceeding. Advice/comments please.

    My BK Atty received a letter from attorneys for BOA that says they are considering filing an adversary proceeding objecting to discharge on our $25,000 account, as a brief review of the account reveals that:

    Between 5/16/10 and 7/11/10 we accumulated $2,900 in charges
    Between 5/16/10...
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