Bankruptcy Blog Archives

When the mortgage company filed a motion for relief for failure to make payment the proof to dispute the motion is on the Debtor. This means the Debtor must provide proof of payments to the mortgage company. Of course, it is the responsibility of the mortgage company to provide a current pay history to the [...]

Below is an example of the body of an affidavit for a Motion to Lift Stay for a house. BEFORE ME, the undersigned authority, on this day appeared the undersigned, DEBTOR SIGNING AFFIDAVIT in this proceeding, who after being duly sworn stated: I. “I am the undersigned and named Debtor in a Motion to Lift [...]

When a Debtor falls behind on the house payment or car payment, the creditor will file a Motion to Lift the Automatic Stay. This is usually done when the Debtor is behind 45-60 days. The motion allows the Debtor (through the attorney) to file a response to the motion and attend a hearing. Most Motions [...]

Date Debtor Name & Address Re: Creditor Name Dear Mr. & Mrs. : Creditor Name has advised our office of their intention to file a Motion for Relief from Automatic Stay with the Bankruptcy Court, in order to begin foreclosure proceedings on your home. Creditor Name claims you are past due in your mortgage payments [...]

More people are turning to chapter 13 bankruptcy to help them with their credit card debts. They have either tried Credit card counseling, or some form of debt settlement. With either one of these methods the credit cards have to agree and that is were the problem come in. With the chapter 13 the credit [...]

UNITED STATES BANKRUPTCY COURT IN RE: § CASE NO. § Debtor § § § Pre-hearing date: 00/00/07 § DEBTOR § DEBTOR’S APPLICATION FOR A HARDSHIP DISCHARGE TO THE HONORABLE JUDGE OF SAID COURT: The Debtor, by his counsel, hereby applies for a hardship discharge pursuant to 11 U.S.C. §1328(b). In support of this application he [...]

Re: Unlawful Collection Debtor(s) Names: Bankruptcy Case Number: 00-00000 Account Number: ******** Dear Sir or Madam: I represent above named debtor(s) in a Chapter 7 Bankruptcy proceeding. We have included the debt owed to your organization in that Bankruptcy Petition and a copy was mailed to you on 0/00/2007. This debt has been discharged by [...]

Re: Stay Violation Debtor(s) Name Bankruptcy Case Number: 00-00000 Account Number: ******** Dear Sir or Madam: I represent Debtor(s) in a Chapter 13 Bankruptcy proceeding. It is recognized that under the California Supreme Court Ruling the, “Beasley Law” that all debts that are pre-petition even if they are not listed are dischargeable under a completed [...]

I do wisfh I knew were people come up with the idea that, If you file a bankruptcy you don’t have to pay for your car or house. No you don’t have to pay for it if you don’t want the car or house. A chapter 13 can help you catch up on your house [...]

I was talking with another attorney yesterday and we were discussing ways to try and get our clients to be more proactive in their bankruptcy cases. In our office, the Debtors have three different appointments. Each appointment is necessary before the Debtor can move on to the next. The first appointment is the initial consultation. [...]