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Assuming this is a Chapter 13 and you're taking about the Plan payments, you should talk to your lawyer or a bankruptcy lawyer about your options. The trustee will move to dismiss your case if you do nothing, and then your creditors will go back to foreclosing or suing you.
You may be able to put the Plan on hold for up to 6 months. You may be able to amend the Plan to lower the payments.
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∙ 16y ago
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Why is a lawyer listed on a title for a second mortgage?
I assume you are talking about a deed of trust. This is because the lawyer was appointed trustee of the deed of trust. If you fail to make the payments, that lawyer, or another lawyer appointed by the lender (a successor trustee) may sell the home.
Dose a trustee have the right to do what ever she wants with a trust?
No. The trustee has only the powers set forth in the document that created the trust. You must review the trust document to determine what the trustee must do, may do and may not do.
Can a name be added to living trust property?
No. The property in a trust is held in the name of the trustee of the trust. It may be possible to amend the trust to include another trustee. Such actions should be done by an attorney.No. The property in a trust is held in the name of the trustee of the trust. It may be possible to amend the trust to include another trustee. Such actions should be done by an attorney.No. The property in a trust is held in the name of the trustee of the trust. It may be possible to amend the trust to include another trustee. Such actions should be done by an attorney.No. The property in a trust is held in the name of the trustee of the trust. It may be possible to amend the trust to include another trustee. Such actions should be done by an attorney.
What does it mean to vote as a trustee?
When a person is incapable of acting for himself due to minority, mental illness or physical incapacity, a trustee may be appointed. The trustee signs cheques "John Doe as Trustee for Simon Smith". The trustee can vote if necessary in exactly the same fashion.
How do you add a creditor to bk?
If the trustee meeting has occurred, contact your attorney and have him fine a new creditor with the trustee. If the trustee meeting has not occurred, you may add new creditors at this meeting.
If you have a trust fund and you don't like how there handling it at the bank trustee can you transfer it to some other bank of your choice or get a lump sum instead of monthly payments?
You need to review the terms of the trust to determine if you have any power to change the status quo. You may need to petition a court to make a change in the trustee. You should consult with an attorney who specializes in trusts.
Will states that Trustee does not need to be bonded however the Trustee who was the Testator's son is financially irresponsible. Can I as Guardian of the minor children request that Trustee be bonded?
You may certainly make that request of the court. When there are issues like this, the court may even appoint a different executor.
Can you make a partial payment to the chapter 13 trustee?
You should check with your c 13 trustee. In general you can make a partial payment, but if the next payment is also a partial payment, or if you do not make up the difference, the trustee will file a motion to dismiss your case. It is always a good idea to let the trustee's office know your next payment will be short and why, and when you expect to get caught up. If you will not be able to continue the c. 13 payments as set forth in the plan, you may be able to end your c. 13 early or convert to a c 7. Consult your bankruptcy lawyer.
What is the difference between a trustee and a successor trustee of an irrevocable trust?
The trustee is the person who presently has the authority to carry on the business of the trust. If the trustee dies, resigns or is for some reason unable to continue their duties then a successor trustee is appointed. A well drafted trust will name a successor trustee and a process by which successor trustees may be appointed. If the trust instrument fails to provide for the appointment of a successor trustee then a court of equity can be petitioned to make an appointment. Once appointed, the successor trustee has all the powers and duties of the original trustee.
If a trust is divided upon death of trustee and split into 3 separate trusts and one of the 3 new trustees has already died what happens to that trust?
It depends upon the terms of the trust and the state law governing the trust. The trust document may explicitly say what happens when a trustee dies (or cannot server). For example, a specific individual may be named as a successor trustee, or a corporate trustee, or perhaps the current beneficaries may by majority vote appoint a new trustee. Failing that the appropriate court could appoint a successor trustee. But you should seek legal counsel.
What is a corporate trustee?
A corporate trustee is exactly what the term implies: A trustee that is a corporation rather than a person. Although it will vary from state to state depending on that state's laws, a trustee may be any type of recognized legal entity such as a person or corporation. Sometimes corporations such as banks are made trustees of large trusts to take advantage of their expertise in investing and handling assets. Such a trustee will be referred to as a corporate trustee.
What will happen if you are late with car payments?
If you are late, depending on who you owe, you can get taken to a collection agency, charged fines and/or have your car repossesed. I actually know two people who couldn't do the payments, it may have been for a couple of months, and their cars were repossesed.
