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If the judge denies you to file bankruptcy is the any other way of saving your home out of foreclosure?
Wiki User
∙ 19y ago
Was it a Chapter 7 filing? Generally a 7 is dismissed due to the trustee or judge deciding the debtor has means to repay at least a portion of their debt(s). Therefore, the party involved can file a Chapter 13 which is a consolidation BK rather than a liquidation BK. Before a concise determination could be made, the reason(s) for the bankruptcy dismissal would need to be examined.
Wiki User
∙ 19y ago
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Can a bankruptcy judge make a creditor lower the interest rate?
In cases of bankruptcy, it is quite common for interest rates to be renegotiated.
Do you have to go to court before a judge before the bankruptcy is discharged?
Normally, no. Sometimes you are required to show for some proceedings such as: Relief from Stay hearings sometimes 2004 exams any adversary proceeding Normally you never see the bankruptcy judge, just the Trustee.
After a foreclosure how long does it take to evict in Florida?
Usually there will not be a separate eviction filed after a foreclosure. Typically, the plaintiff will request that the clerk issue a writ of possession as a part of the foreclosure. The judge may direct the clerk to issue the writ of possession as a part of the foreclosure judgment or the Plaintiff may request it afterwards. Once the writ of possession has been issued, it must be delivered to the sheriff. The sheriff will post the writ on the property and you have 24 hours to vacate. In short, not very long.
Can a debtor be discharged from a credit union loan which he took out to pay his taxes?
"Discharge" applies to a debt being wiped out by the bankruptcy court. If all the requirements are met and approved by a bankruptcy judge, then yes, a debtor's obligation can be discharged. If the debtor does not file or qualify to be granted a bankruptcy, then No, his debt will not be discharged, or forgiven. It needs to be paid.
You lost your home to foreclosure how do you get it back?
The best way to get your home back is to have the foreclosure documents analyzed. That's what i did. My house was foreclosed on and I heard that judges awarding foreclosures without the homeowners having much defense. I live in a Trustee state which is even worse for homeowners because there is no judge involved. It's simply a court recording. So, a friend told me to contact Lighthouse Consulting Group, i did, and they looked over my foreclosure documents and preformed a Trust Deed Verification audit and it turned out the the Foreclosure process was not done incorrectly. My sale was reversed. Then, I went one step further and had Lighthouse perform a securitization audit and that turned-out that the foreclosing party didn't have the legal right to even begin the foreclosure. This whole foreclosure situation is a mess and if your on the verge of losing or have lost your home call Lighthouse Consulting Group 800-678-0419
If you received a dismissal with prejudice on a chapter 13 with a one-year bar can you get around this in order to stop a foreclosure?
It is difficult to get around a dismissal with prejudice and one-year bar in a Chapter 13 case. However, you may be able to explore other legal options or file a new bankruptcy case under different circumstances to try and stop the foreclosure. Consulting with a bankruptcy attorney would be advisable to assess your specific situation and explore all available options.
What kind of options are available for me to stop foreclosure on my house?
Your best option would be to higher a bankruptcy attorney. They can provide assistance in this area even without a decleration of bankruptcy. In fact, often a letter from your attorney threatening bankruptcy will be enough to bring your mortgage holder to the bargaining table, as bankruptcy would automatically stop the foreclosure proceeding and put it in the hands of a judge. If you wish to stop foreclosure on your house, then you have one of two options. Either 1) contact your mortgage company, and attempt to lower your monthly payments, or 2) speak with an attorney, and hope that you have a case.
Can a co trustee of an estate file bankruptcy to avoid foreclosure of a co-owned property?
Probably not, but it may depend on a lot of factors you have not presented. A trustee does not have ownership and is not a debtor as such, merely a duty with respect to the property. A motion to the judge handling the estate to enjoin the foreclosure would probably be more successful.Consult a lawyer in your area.
What best describes the debtor's involvement with the bankruptcy judge?
The debtor's involvement with the bankruptcy judge typically involves attending court hearings and presenting their case or responding to questions from the judge or opposing counsel. The debtor may also need to provide documentation or evidence as requested by the judge to support their bankruptcy claims. Overall, the debtor is expected to cooperate and comply with the instructions and decisions of the bankruptcy judge throughout the bankruptcy process.
What to do when judge denies your right to speedy trial?
He can’t. It is part of the Bill of Rights.
Is there a way to have a 'dismissed' status of a bankruptcy removed?
Yes. You must ask the Bankruptcy Judge to do so. The easiest way is getting the Trustee to agree as well and then submit it to the Judge.
Are pension plans protected in bankruptcy plan?
Up to the judge
What are the release dates for Judge Judy - 1996 Pit Bull Bicycle Bang-Up Fraud and Foreclosure?
Judge Judy - 1996 Pit Bull Bicycle Bang-Up Fraud and Foreclosure was released on: USA: 11 May 2012
Who is David Scoll?
Former Philadelphia, PA bankruptcy law judge specializing in bankruptcy related to predatory lending violations.
Can a bankruptcy judge make a creditor lower the interest rate?
In cases of bankruptcy, it is quite common for interest rates to be renegotiated.
If the spouse denies child support in a divorce do you still have to pay it?
Yes unless agreed not to be payed with the judge.
What is a dismissal without prejudice pertaining to foreclosure in NC?
This means that the judge dismissed the foreclosure proceedings, but the bank can present the case again. You should get advice from a lawyer about your next steps.
