0
What else can I help you with?
Does the bankruptcy co-debtor stay apply to a joint debtor?
The co-debtor stay is applicable in chapter 13.
After lien put on home 7 months ago from a default judgment is it time to leave or stay?
Not necessarily: if a lien is placed against a home this means that if the house is ever sold within a particular time then the amount of the lien must be taken from the sale of the home to satisfy the lien. In most states the home in which the debtor lives is exempted from being forcibly sold (Sheriff's sale). This is called a homestead exemption.
When would you recognize revenue regarding the following Leon's Furniture sells you a home theatre in January on a no money down no interest and no payments for one year promotional deal?
According to IAS-16 of IFRS(International Financial Reporting Standards) that home theatre sale would be recorded as revenue just at time of transfer of title(ownership) to the buyer,because buyer would be than considered as a debtor to the seller,as money has to be paid rathar at the time of sale or after one year of it . Since sale is recorded and debtor is recognized thus revenue is recorded.
What can be done to get a state of stay lifted off a bankruptcy company?
I'm not exactly sure what information this question is looking for, so let me give you my generic "what is a motion for stay" answer, and if you still have questions you can ask a follow up question. Ahem... A Motion for Relief from Stay is what a creditor files with the Bankruptcy Court when they want permission from the Court to repossess or foreclose on some collateral (like a house or car), either because they are upset because the debtor in bankruptcy hasn't done something they said they would do, or because the debtor indicated that they did not want the collateral. Motions for Relief from Stay can be filed in either Chapter 7 or Chapter 13 cases, but I find that they are much more common in Chapter 13's. A common example of when a Motion for Relief from Stay would be filed is if, say, a debtor in a Chapter 13 case is supposed to be paying his or her mortgage outside the Chapter 13 Plan by making direct payments to the mortgage lender, in addition to his or her Chapter 13 Plan that he or she pays to the Trustee. If that debtor misses a mortgage payment, then the mortgage lender would be upset and would file a Motion for Relief from Stay in the Bankruptcy Court, in which they are basically asking the Bankruptcy Court for permission to foreclose on the home since the debtor has failed to make payments. The debtor is given a short time in which to file an Objection (in writing) to the Motion for Relief from Stay with the Bankruptcy Court. If the debtor fails to object, the Motion for Relief from Stay is ordinarily granted and the mortgage lender may begin foreclosure proceedings. If the debtor does object, then different Bankruptcy Courts have different procedures, but normally the Bankruptcy Court sets the issue for a hearing. At the hearing, the mortgage lender normally complains about how the debtor hasn't made payments like they were supposed to, and the debtor normally explains why they missed the payments and how quickly they can get them caught up, and exclaims that they won't get behind again. Then the Court makes their ruling. What happens much more frequently than a hearing is that prior to the hearing, the debtor's attorney and the mortgage lender's attorney agree prior to the hearing on how and when the debtor can become current again, and then the hearing gets canceled so long as the debtor and the mortgage lender are in agreement on how the debtor will get caught up and that the debtor promises to stay current thereafter. If an agreement is not struck between the debtor and the mortgage lender before the hearing, then at the hearing, when ruling on whether to let the debtor keep the home or let the mortgage lender have it back, Courts frequently consider things like whether this is the first Motion for Relief from Stay or if there have been more than one, what the debtor's payment history has been like, what happened to make the debtor get behind, how quickly the debtor can get it caught up, how likely it is that the debtor's method of getting caught up will work, how long the debtor has lived in the home (i.e. Courts seem to give a little more lee-way to debtors who might lose a family home they've had in their family 100 years than they are if the debtor bought the home one year ago and has missed 8 payments in the 12 months they owned it), etc. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person. Visit RossLawOffice.com for more information about bankruptcy.
Who owns home after filing a chapter 13?
It depends on what the chapter 13 plan provides. Most 13s are started to save a home from foreclosure, so the debtor remains the owner until the plan is completed. If the debtor misses post-filing mortgage payments, the mortgagee will file a motion for relief from stay to get the court's permission to proceed with the foreclosure. The plan can provide for the sale of the house, most often at auction, and the balance of the mortgage becomes unsecured debt to be paid according to the plan provisions for unsecured creditors. Or the plan can provide for the surrender of the collateral (home) to the mortgagee, with the same result for the mortgage balance.
If a motion for relief of stay is granted for only one debtor what does the other debtor do?
Hard question to answer since...foolish me...I thought CREDITORS asked for relief from stay...a debtor would never want one to be granted and would normally oppose it strongly. (Relief from Stay STOPS the protection of the Court and law that prohibits creditors from proceeding with collection actions, like repossession or foreclosure or garnishment against the debtor). Not understanding that basic difference really means you really should have professional help in the case.
Can someone who owes a large amount on a car loan be sued and have a lien placed against their home?
Yes. If the creditor wins a suit and receives a judgment the judgment can then be executed according to the laws of the state where the debtor resides. The judgment creditor usually has several enforcement options such as wage garnishment or bank account levy or seizure and sale of non exempt assets or lien against real property. In rare cases a lien can be used as a forced sale of a home or other real property belonging to the debtor.
What is a judicial sale of your assets?
It is the sale of goods and/or property owned by the judgment debtor. The sale is conducted by an officer of the court (usually a sheriff) to satisfy a creditor judgment or in conjunction with some other type of court order.
Can a debtor place a lien on GI bill home?
Yes.
If you owe a small amount on your mortgage and just received notice of suit from an old credit card debt can the creditor force the sale of your home or only place a judgment lien on it?
Forced sale of a homestead is legally possible in the majority of the states, but is seldom allowed by the court. However, the more equity the debtor holds, the less likely the state's homestead exemption will protect the property, thereby leaving the home in jeopardy. There are many factors that determine if a home can be subject to forced sale for creditor debt and said factors differ in each state. The debtor should use caution in communicating with the creditor and the best option is to have no communication without having received legal advice from an attorney knowledgeable in the state of residency's creditor debtor laws. One option to explore is if the state's SOL has expired if it has then a creditor lawsuit could be defended and defeated on those grounds.
If more than one person is on the deed can anybody force the sale of the home or attach a lien?
Sorry I cannot give a more specific answer. Whether or not a lien or forced sale can be initiated against property depends on how the property is titled, and the state statutes. In most cases liens can be placed against the percentage of property that is owned by the debtor, but a forced sale cannot be implemented.
What is Maine state law on repossession of a vehicle?
Must provide debtor with a 14 day notice to cure. Allowing debtor to pay all back money owed. Repo must be peaceful aka no enrty to a home no public disturbance ect. Creditor must hold vehicle 14 days after repo to give debtor opportunity to pay missed payments and fees associated with the repo. Creditor must provide debtor with notice of intent to sell vehicle. Any proceeds of sale go to pay the balance of the loan. Licsense plates and personal property remain with debtor
