Bankruptcy Court

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Bankruptcy Court

Bankruptcy Court questions and answers

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Q: Bankruptcy Court?
Hi, we have bankruptcy court this Friday. Our lawyer is doing nothing to help us prepare. For one he has only talked to us 2 times, when i call to try and discuss re-affirming with creditors, he is never "available". What are we going to be up against in court? Are we going to be ambushed by our creditors? And how long does court usually last? And do you do all the re-affrimation papers there, or do you do them with the creditors at a later date? We paid the lawyer 1500.00 to do this, and he hasnt helped us at all. At first he told us that we would have no problem with collateral on a personal loan, 3 weeks ago we were told that we either reaffirm, or loose the stuff. When i went and asked him about it, i reminded him that he told us that this wouldnt be a problem, and his comment was "Well it's a problem now" So what do we have to look foward to, and any advise on the lawyer?

A: its a cattle call there will be all kinds of people just like you in court and no one will contest, I wouldnt worry, been there done that!

Q: Bankruptcy court?
How do I get info on a bankruptcy that happened in 1986.

A: Contact the specific bankruptcy court that filed it. Usually a district bankruptcy court in the state they were living in.

Q: What is the bankruptcy court admissibility of a loan application if there is no date on the application?
I may have to file Ch7/13 and my loan application has an overstatement of assets. There was no fraud intended. However, there is no date on the application. Can it be thrown out in bankruptcy court?

A: I agree with JD....this is an application. Was the loan approved and did you get the money? If you don't have a loan with them, it will never even come up in BK court. If you did get the loan, they will have records when you got the loan. The application would not be important at all. The only important thing is when you had the property, when you got rid of it, and how everything is being reported. If you liquidated a lot of property within 90 days (I think that's the timeframe) of filing your BK you could have an issue. Your Attorney will be better able to answer this once you fill in the details. Good luck.

Q: How much jurisdiction does bankruptcy court have? Can a court order the sell of a primary house?
The house is in two people's name. One of the two is the one filling bankruptcy. The person filling bankruptcy lives in Arizona. The house in question is in New Mexico and is the mother's primary house. The court is saying that the bankruptor must come up with a specific amount of money otherwise the house will be sold. Any input is appreciated. Thanks

A: What is the opinion of the BK Atty who is handling this for the person filing the BK?

Q: How do I collect a money judgment granted by the federal bankruptcy court?
I was recently awarded a money judgment by the Federal Bankruptcy court in NJ. On a previous money judgment that I was awarded in county court, I've enforced the judgment by going through the county court system beginning with sending an information subpoena to the debtor and eventually attaching to his bank account. I would like to send an information subpoena to my current debtor but I do now know how to start this process with a judgment from a federal court. Is there a way to still go through the county system to enforce the judgment? The judgment is against an individual not a company.

A: No. You have to enforce the federal judgment with federal execution on the judgment. It will be a process similar to the County Court execution on its judgment, but you have to the the federal system to enforce federal judgments. ** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **

Q: Will bankruptcy court take our stimulus check?
We just filed ch.7 bankruptcy and I was wondering if anyone knows if the trustees can take our tax rebate check in May? The lawyer didn't mention anything about it; will the court just take it out of our bank without asking? I thought the tax rebate was a free handout and would be exempt.

A: When you go bankrupt it's all over. You won't be able to get credit and other things. Nobody should take it if the bankruptcy is final.

Q: How do I file a claim with a bankruptcy court?
I have a Tower giftcard, but Tower went bankrupt and the website says to file a claim with a bankruptcy court.

A: Come on guys! An attorney? For a gift card refund? Are you Nuts! Here is what I found online after a 30 second search. -------------- NOTICE AND PROCEDURE FOR CUSTOMERS HOLDING GIFT CERTIFICATES PURCHASED AT A FORMER TOWER RECORDS RETAIL LOCATION: As of June 11, 2007, the assets of Tower.com, including the website, were sold by the bankruptcy estates of Three As Holding, LLC and MTS, Incorporated. Those holding gift cards of Tower Records or Tower.com should make their claims to the Bankruptcy Court presiding over these bankruptcy cases. For information, you may view the court docket, In re Three As Holdings, LLC, Bankruptcy Case No. 06-10866 (BLS) pending in the United States Bankruptcy Court, District of Delaware. -------------- Filing a claim generally is nothing more then sending in a court form. But be aware that in most cases, there will be a deadline that these must be filed in. And I'm going to bet that gift card holders are WAY down the list of creditors who will be paid. And if you do, it will only be a fraction of what they owe you. This in mind, contact the court and find out what the current status is. EDITED Regarding Chevy's answer, a gift card holder is a creditor who has a secured debt on the estate. They have a higher priority then unsecured creditors, but fall below "priority" creditors such as government, mortgage, and similar debts. The gift card holders will be grouped together in a class, and paid a percentage of whatever is left over from the estate. I seriously doubt that there will be much available. If you live in California, there are some laws recently passed that protect the rights of gift card holders, and require the full amount to be paid. This law has not been challenged yet, and I do not believe it would apply to claims file in a different state. So I stand by my answer. With the understanding you probably will recover only a fraction of your money, if you want to pursue it do not hire an attorney. Just follow the directions in the link and contact the court. They should give you the name of the trustee and you can contact them. This info may also be available through PACER, an online database for bankruptcy filings. You pay a small fee for the info.

Q: My sis is suing sum1 while filing for bankruptcy, will the BK court take the money she gets?
My sister is filing for bankrupcy, at the same time she is in the process suing someone at small claims court but the small claims court date won't be until August 09. And she is about to file BK within the month of June 09. If she wins the small claims suit will the bankruptcy court that that money?

A: Yes, they will... Anything that comes in after she files and before the bankruptcy is discharged, is subject to lien and garnishment... sorry..

Q: How to find bankruptcy court records?
For my business class, we were given the assignment to find various bankruptcy court records using only online means. Since this is my first business class in years, I am not familiar with searching up such things on the internet. Can anyone tell me of how I go about finding bankruptcy court records?

A: Good job for you getting back into a classroom after all these years. It can be very intimidating with all of the new technology that has come out in just the past ten years. That being said, the internet is a really easy-to-use tool to get all of the information on bankruptcy court cases that you are looking for. But, you will need to keep these few things in mind: 1.What type of bankruptcy was filed? •Chapter 7? •Chapter 11? •Chapter 13? Each of these has very specific ramifications and will impact where you need to go to look for information. Try focusing your search as much as you can. Can you think of a company name that went bankrupt that you can search? Maybe a certain sect of the population, like farmers or retail chains? Anything that you can do to keep your search narrow and focused will really aid you in finding the most pertinent information possible. Your best bet would be to find a database website that contains a plethora of court records in their system. With a small fee, you will have access to an amazing amount of information which will cut down on your research time and help you to focus on getting your assignment written well. That is my suggestion and congratulations on your scholastic endeavor. Quickly and Easily Find Bankruptcy Court Records Using Our Advanced Online Retrieval System ?http://recordssitereviews.com/court_records.php

Q: 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.

A: what does your lawyer say and do not tell me you are doing this on your own!!!!

Q: Can bankruptcy court contact IRS about my tax refund?
My question is just that... I am wondering if the bankruptcy court can contact & receive my tax filing information & refund information from the IRS directly.

A: The court CAN require you to provide copies of your tax returns as well as order you to provide copies of your IRS transcripts if it feels that it is relevant or if there are allegations that you are attempting to hide assets from the court.

Q: How can I reach someone at Richmond, VA Bankruptcy court, email, telephone number, etc.?
I want to contact someone at Bankruptcy court to see if my civil judgment was included in their case. I did not receive a notice that my judgment was included and had 2 other judgments that I had on this individual and finished collecting on those in May now I have 1 final judgment to collect on. Can this individual now amend his bankrupctcy to include this last final judgment? Thanks

A: E-mail me for my phone number and I can look it up by name. http://answers.yahoo.com/my/profile;_ylt=AiFcTUS_Np_ieiX8XnLqtZfsy6IX;_ylv=3?show=75e3f0f9ddf7d387b3de86c5d7841a14aa&preview=true

Q: What will happen if I don't show up for bankruptcy court?
I have changed my mind about going bankrupt. I got a job and can make my payments again. But, my lawyer told me I can't back out of the bankruptcy. I just filed last month and we haven't been to the creditors meeting and I just don't need to go bankrupt anymore. Can the courts make me go bankrupt? And do I have to show up if the courts don't notify me of a date and time to appear?

A: The easiest thing to do would be to show up for the bankruptcy hearing and tell the judge that you now have a job and can make payments - he will most likely dismiss the case. Alternatively, you can call the court clerk and find out what the procedures are to withdraw your bankruptcy case. The clerk will let you know if your lawyer is accurate or not.

Q: Exwife Filed Bankruptcy and court is trying to sell my house?
My exwife filed bankruptcy. The court has sent a agent to appraise my house that I am living in. My ex and I settle this house between us long ago. What rights do I have as the owner and resident of this house. The house is in Ohio and her name is still on the deed.

A: Since your wife's name is still on the deed, she still owns half of the house and that is considered one of her assets. She must list all of her assets when filing bankruptcy. You should seriously look into buying her half of the house now while mortgage rates are still low.

Q: What is the bankruptcy court admissibility of a credit application if there is no date on the application?
I may have to file bankruptcy and my credit application has an overstatement of assets. There was no fraud intended and I do have net assets of the amount stated. However, there is no date on the application. Can it be thrown out?

A: Could you elabrate more? I dont understand. If you are filinf why are they looking at a credit application. I filed chapter 13 and no one looked at a credit app I did so I dont really understand the question. I would like to help if I can. If you are worried about the goverment they can do a check to see what assest you really have, overstatment will not be a big deal unless you can prove you have it.