Chap 13 update (by Mike [MI]) Jan 29, 2025 8:22 PM
Chap 13 update (by Ray-N-Pa [PA]) Jan 30, 2025 6:43 AM
Chap 13 update (by mapleaf18 [NY]) Jan 30, 2025 9:16 AM
Chap 13 update (by zero [IN]) Jan 30, 2025 9:30 AM
Chap 13 update (by Ray-N-Pa [PA]) Jan 31, 2025 7:45 AM
Chap 13 update (by zero [IN]) Jan 31, 2025 10:06 AM
Chap 13 update (by Robert J [CA]) Jan 31, 2025 2:58 PM
Chap 13 update (by Mike [MI]) Feb 4, 2025 9:24 AM
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Chap 13 update (by Mike [MI]) Posted on: Jan 29, 2025 8:22 PM Message:
Quick update on my situation;
I did switch attorneys to someone more experienced with tenants who
file Chap 13. Current situation is my attorney filed objections to the bankruptcy. Next up will be the proof of claim --68.60.xxx.xxx |
Chap 13 update (by Ray-N-Pa [PA]) Posted on: Jan 30, 2025 6:43 AM Message:
Hopefully that works. They can file a chain of chapter 13 orders - there is no limit on them.
You can see how many they have filed in the past using that PACER website I shared with you before --173.188.x.xxx |
Chap 13 update (by mapleaf18 [NY]) Posted on: Jan 30, 2025 9:16 AM Message:
I objected to one of my tenant's B filings. They left damages and a month's rent (they actually broke the year lease with a week's notice just before winter but this is pro-tenant NYS). The Magistrate basically said "sucks to be you."
I went after the wife as the tenant was now divorced and the C13 didn't include her but she's a deadbeat.
Wishing you more luck than I had. --64.246.xxx.xx |
Chap 13 update (by zero [IN]) Posted on: Jan 30, 2025 9:30 AM Message:
Have a deadbeat that filed and included the case I won against her.
She owes more than 10k. Lawyer filed all the paperwork but still said pennies on the dollar if we get lucky.
What really stinks, besides the damages she did to my old place, is that we had a lien on her new house. Found out that she is including it in the BK as well, so no chance of collecting on that.
I looked up what she spent on the place and decided not to talk to the bank about a short sale. Besides I am positive she trashed it like she did mine. --107.147.xx.xx |
Chap 13 update (by Ray-N-Pa [PA]) Posted on: Jan 31, 2025 7:45 AM Message:
Bankruptcy laws are federal and even with the courts being regional, they are still Federal Courts. Unless you have DJs at the federal level objecting would be a waste of time.
Unless the tenant does a million dollars in damage Zero, it would be hard to justify the expense.
Now not all is lost. In Erie, where our closest Bankruptcy court is, you can petition the court to buy the assets of those who have filed. You will need to provide justification for the offer that you made. Now as luck would have it, our local judge is Agresti - who has a brother who owns a local brokerage that does appraisals.
Do I know where the court gets the info to decide if my offers are valid? Nope - does it matter? If I can get a place with ARV 175K that needs 40K in repairs for 95K, it isn't a grand slam. It is an alright buy depending on how old the place is and how much the place has been beat up during the bankruptcy.
I cannot overstate the need for that PACER account. You are looking for "Relief of Stay" spend 35 cents can net you these soild single base hit of transactions.
--173.188.x.xxx |
Chap 13 update (by zero [IN]) Posted on: Jan 31, 2025 10:06 AM Message:
Ray, I'm not following on the justified expense.
Lawyer sent a form (letter?) to the courts saying she owed and we should get paid.
They might hit me for a $5 letter fee that I wouldn't get back but they are collecting part of what she owes me as well.
What did I miss? I ask because I miss things a lot, as you know. --107.147.xx.xx |
Chap 13 update (by Robert J [CA]) Posted on: Jan 31, 2025 2:58 PM Message:
Once, when a tenant filled a fake bankruptcy to stop them from being evicted, I followed up on this tenant for several years, I had a 10 year judgement.
My eviction attorney, Dennis Block filed the papers and a month later the eviction was back on track.
But my tenants bankruptcy attorney was only a fack bankruptcy mill, but it was owned by a corp of attorneys.
So in small claims court I sued my x-tenant, his eviction mill, the owners of the corp and the property they worked out of . No one showed up and I got a default judgment. 9 months later, they could no longer file an appeal, I filed a lien on the property. Then conducted a lien sale, using a professional lien sales company.
In the end I allowed the Lien company to get 70% of any monies collected. And my 30% was a gift. --47.155.xx.xx |
Chap 13 update (by Mike [MI]) Posted on: Feb 4, 2025 9:24 AM Message:
Ray,
I did set up a pacer account. I can see she has filed bankruptcies in the past. At this point it seems like I have to follow the attorney's guidance. --68.60.xxx.xxx |
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