Creditor Rights

I’m an unsecured creditor. How do I make sure the debtor is paying everything he should or that he has included all his assets?

This depends on what chapter is filed and how much you want to spend investigating everything. The bankruptcy papers that are filed may be obtained from the clerk of the court. You can review these papers to see if anything seems inaccurate to you. You may also obtain court approval to take the debtor’s deposition if you wish to inquire in more detail as to the debtor’s assets and debts.

2021-08-25T11:39:43-07:00August 25th, 2021|

Can the debtor lien strip (reduce the value of) or remove my lien against his/her real property?

If the real property is the debtor’s principal residence, you can lien strip only under the following circumstances: The debtor filed a Chapter 13. Your lien is a junior, non-purchase money debt. The value of the real property is LESS than the sum of all senior liens. If the real property is not the debtor’s principal residence the lien can be partially or fully avoided depending on the value of the property. (Again, only in ch. 13). If you have [...]

2021-08-25T11:37:04-07:00August 25th, 2021|

I hold a trust deed on the debtor’s house and I am in the process of foreclosing when a bankruptcy is filed. What should I do?

First of all, you cannot proceed with the foreclosure. What you do next depends on what chapter the bankruptcy case was filed under and what the debtor’s intentions are with respect to the property. If the property is the debtor’s principal residence and the case filed is a Chapter 13, he will be required to stay current with your payments from that point forward and propose a plan to repay the past due amounts. You should either obtain a copy of the [...]

2021-08-25T11:35:34-07:00August 25th, 2021|

You’re owed money by a debtor and they file a bankruptcy. Next, you get a letter from the bankruptcy trustee demanding that you return money the debtor paid to you prior to the bankruptcy case being filed. How can this possibly be legal and what can I do?

You have been bitten by the preference bug. In order to maintain some semblance of equality, the bankruptcy code does not allow a debtor to prefer one creditor rather than another by repaying some creditors before the bankruptcy is filed but not others. Thus, any payments made on a prior debt within 90 days before a bankruptcy filing (or within one year if you are a relative or insider of the debtor) is recoverable by the bankruptcy Trustee UNLESS you have one [...]

2021-08-25T10:30:01-07:00August 25th, 2021|

What is the automatic stay?

The automatic stay is an injunction that goes into effect automatically upon the filing of a bankruptcy.  It prohibits the commencement or continuation of any acts to collect on a debt that arose prior to filing the bankruptcy. This includes enforcement of judgments, creating or perfecting liens, debt collection (such as wage garnishment and levies) and many other actions.  (It does not apply to collecting alimony or other domestic support obligations).

2021-08-27T16:15:29-07:00November 2nd, 2013|
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