Recent content by despritfreya

Here is the problem with this. . . "If any secured loan payments or lease payments come due before your plan is confirmed (typically home and automobile payments), you must make adequate protection payments (minimum payments meant to protect the creditor's interest in the property) directly to...

1. You should listen to your attny. 2. If your jurisdiction requires "conduit" mortgage payments for all future monthly payments then payments are made through the Plan. How much is your Plan payment? Is it high enough to include the normal monthly mortgage payment? Some jurisdictions...

The UST did not "hire" an attorney. Rather, the UST assigned the case to an attorney in his/her office. That attorney filed a Notice of Appearance. While it is quite possible that this was the result of your inquiry, it may have nothing to do with it. Is the debtor represented by an...

Assuming this is a residential lease and the landlord does not have a judgment for possession, are you planing on moving or staying? If staying, this appears to be your biggest problem. How are you going to cure this default while staying current? At your suggested $260 per month (carved out...

OP holds a default judgment against an LLC that apparently has no assets and either has or is about to stop operating. Bankruptcy or no bankruptcy IMHO, the judgment is worthless. Des.

I am not sure why you even think this is an issue. You did not use FTX to finance your credit card purchases, no more than I used Fry’s Food Store to finance my purchases on my “Fry’s” sponsored Visa card. You “borrowed” money from a real bank, not some pie in the sky Ponzi scheme (which is...

You are correct. You need to pay the bill. You do not owe the money to the “sponsor” of the card (Block Fi/FTX). You owe the money to the bank that issued the card. Even the servicing platform’s website references this: “Deserve is a trademark of Deserve, Inc.. . .The BlockFi Bitcoin...

1. It is not unusual for someone to set up more than one LLC. I have a number of construction company clients whose principals have numerous LLCs. Typically only one or two of them actually operate. 2. You are not a creditor of Tom’s Construction Company, LLC unless, a) your contract is...

OP (Bobby B) is not personally liable as he discharged the debt in a Chapter 7. But, as we all know, that discharge did not get rid of the lien. OP's loan matured on January 1, 2020. He could file a Chapter 13 and provide for full payment of the balance due (lien amount) with interest over a...

"I could not find any mention of a "maturity" date in the loan docs the only thing close was the listing of the final payment date of January 1, 2020." Not only do the others have it correct that January 1, 2020 was the maturity date, the reason you have been recently contacted is that there is...

I agree with the above post. The first thing is to get healthy by taking control of the illness that is dominating your life. The second thing is to find a good bankruptcy attorney in your area. You have too many issues for any Internet forum to properly address. Those issues include, but...

@adjusterjack I just saw your post. IMHO, the Dallas bankruptcy attorney's website should not be relied upon. The following is a misstatement of the law unless this attorney can point to case authority that stands for such proposition: “. . . the Bankruptcy Code does provide that if the...

From your posts above, accident happened before you filed and your accident related claims have not been settled so here are the general rules: Chapter 7: Any potential recovery, no matter when it comes in, is an asset of the bk estate and can only be protected to the extent of an allowed...

If you fully disclosed as an asset that you were part of this Multi District Litigation - I assume a class action lawsuit - and your Chapter 7 trustee closed the case without administering the asset, the asset was abandoned and should now belong to you. It is possible that the administrator...

Ergo my general rule: "Never bank where you owe money." Des.