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Well, the adversary and I settled the complaint in my favor. I have filed a motion to end the adversary proceeding. This will probably wrap up my bankruptcy case and I'll see a case closing as early as this week. So far, though, the adversary is still open but I'm expecting that the Court will do... -
So, when do you take the bar exam? Let me know what law school you'll be teach at. -
Wishing you good luck...Lawyers win on mounds of paperwork and claims that pro se litigants went awry of the Rules allowing them to get dismissals. Summary judgment is the way to go though because it sure seems as if there are no issues of material fact in the violating of the stay....have they responded... -
I agree. I've had to learn an awful lot about family law and appellate law to deal with my divorce. I have filed 4 appeals on my own and won two (or rather parts of two).
...the more you learn and th emore you know about your own case, the better off you are. I was dealing in mostly a crooked... -
Those are some great suggestions, JB. I think a lot of attorneys could learn a lot from your journey. -
justbroke started a blog post The Road Less Traveled -- Converting from Chapter 13 to Chapter 7in justbrokeThe Road Less Traveled -- Converting from Chapter 13 to Chapter 7
This blog will be dedicated to my journey from Chapter 13 to Chapter 7. I started my Chapter 13 only to save an investment property. I later found that I didn't want the investment property and the case got really strange. It was strange because I then decided to move into my other investment property,... -
No, you cannot lien strip in a Chapter 7. -
justbroke started a blog post Complaint to Determine Dischargeability and for Willful Violationin justbrokeComplaint to Determine Dischargeability and for Willful Violation
This blog will be dedicated to my Complaint against a creditor that continues to bill me for a pre-petition claim. (I have a thread on this as well, but the blog will be my main place to collect my thoughts and guide everyone through the process.)
An Adversary Proceeding (AP) is not... -
Converting Chapter 13 to Chapter 7
Converting Chapter 13 to Chapter 7
Conversion is the process in which you change from one chapter of bankruptcy to another. In this part of my blog series, I'll go through converting from a Confirmed (or unconfirmed) Chapter 13 to a Chapter 7.
The most important part of... -
You can not go back later in a Chapter 13 to value property. The valuation is set at the date that you filed the petition. -
Hi JustBroke,
If, at the time of the filing of a chapter 13, your car is within the 910 and your home value is not fully upside down, it appears that this proceedure is not available. However, can you go back later after the 910 days has passed and when your house value has declined... -
does this work for homes? I owe $260,000... first mortgage is 232,000, second is 26,000. the house is only worth about 232,000. can i lose the 2nd mortgage since it's the same company as the first. then i can afford to stay here. -
xyz, very interesting. I would think that a Comparative Market Analysis (CMA) may work in that case. A full professional appraisal really is used for structures on a property so I'm not suggesting that. I would make sure it comes from a third party (like a Realtor) who performed this CMA. Better... -
Hi Justbroke
Would you be able to give to give some pointers on cram down on consumer loan with land as collateral? I mean do you need to furnish the appraisal or recent sales of price of comparable property is enough? Again what are the criteria for comparables?
thanks... -
Insolvency and Dischargeability
(I'm reposting this from a recent thread as this is relevant information for any debtor with questionable debts.)
You cannot honestly be "insolvent" (know you are insolvent) and continue to incur new debt.
There is nothing in 11 USC 523 (Exceptions to Discharge)...
