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+--- Thread: Using bankruptcy court against a lava flow (/showthread.php?tid=15161)
Using bankruptcy court against a lava flow - pbmaise - 12-03-2014
This forum covered at least 6 ways to protect the investment in your home against a lava flow.
1. Personal berm
2. Move it.
3. File fire insurance policy claim for fire damage
4. File personal title insurance claim for up to 150% purchase
5. File lenders title policy claim for mortgage balance
6. Motivate government to divert lava.
Personal bankruptcy is yet another way.
Please:
1. No specific legal advise.
2. Relate personal experiences not opinions.
3. Use good sources like court rulings, and Hawaii Bar Association.
Goals
1. General knowledge
2. Specific to situation
3. What you did, where and why.
RE: Using bankruptcy court against a lava flow - pbmaise - 12-03-2014
I can relate my knowledge of being in bankruptcy court in Hawaii. My legal opponent tried to use it to escape from my judgments against him.
This is termed fleeing into bankruptcy court.
It is in Honolulu. There are a few standardized forms to fill in and instructions to me were easily understood.
Assets and debts, income and payments were simple to fill in.
My opponent hired a hack attorney for about $250-$500 to fill in forms he could have done himself.
I personally attended the hearing of his case and was allowed to speak as to why he could not file.
I won.
Bankruptcy was denied to him as he had already sold his home and my judgment was garnishing a Purchase Money Mortgage he made with new buyer.
Thus he was unable to protect that asset from my claim.
Filing for protection against a lender that has a mortgage against a property will be interesting especially if you, like 98% of borrowers, were required to buy a lender's title insurance policy.
Courts are charged with preservation of estate and would likely ask why the lender was seeking recourse against the borrower when they were already insured and could file a claim.
Further I think the Court would look favorable upon someone arriving owing to no personal fault of his own.
I will be considering using it personally.
RE: Using bankruptcy court against a lava flow - OnoOno - 12-03-2014
quote:Sad, so very sad. It appears that nobody wants to take responsibility for their actions or decisions. I am ashamed, in a way.
Originally posted by pbmaise
I can relate my knowledge of being in bankruptcy court in Hawaii. My legal opponent tried to use it to escape from my judgments against him.
This is termed fleeing into bankruptcy court.
It is in Honolulu. There are a few standardized forms to fill in and instructions to me were easily understood.
Assets and debts, income and payments were simple to fill in.
My opponent hired a hack attorney for about $250-$500 to fill in forms he could have done himself.
I personally attended the hearing of his case and was allowed to speak as to why he could not file.
I won.
Bankruptcy was denied to him as he had already sold his home and my judgment was garnishing a Purchase Money Mortgage he made with new buyer.
Thus he was unable to protect that asset from my claim.
Filing for protection against a lender that has a mortgage against a property will be interesting especially if you, like 98% of borrowers, were required to buy a lender's title insurance policy.
Courts are charged with preservation of estate and would likely ask why the lender was seeking recourse against the borrower when they were already insured and could file a claim.
Further I think the Court would look favorable upon someone arriving owing to no personal fault of his own.
I will be considering using it personally.
Ono - So Fast - So Tasty!
RE: Using bankruptcy court against a lava flow - pbmaise - 12-03-2014
Here is the Courts web address.
It is a US Court which is why the local court is not involved. Alternative dispute resolution sounds like yet another spot to argue against a lender not using the lender's title policy.
www.hib.uscourts.gov/
RE: Using bankruptcy court against a lava flow - OnoOno - 12-03-2014
quote:Standing on your own two hind feet seems like an even-better idea.
Originally posted by pbmaise
Here is the Courts web address.
It is a US Court which is why the local court is not involved. Alternative dispute resolution sounds like yet another spot to argue against a lender not using the lender's title policy.
www.hib.uscourts.gov/
Ono - So Fast - So Tasty!
RE: Using bankruptcy court against a lava flow - pbmaise - 12-03-2014
OnoOno
Hmmmm. So instead of any attempt to help, you are here sticking a knife in and making personal attacks against your neighbors. Neighbors, coping with problems that, based on your smug attitude, don't concern you.
There should be no reason why you wonder. Since the reason you should feel shame is bluntly obvious to people that care
RE: Using bankruptcy court against a lava flow - OnoOno - 12-03-2014
quote:It's not that I don't care - its that I care about the people you want to stiff for your bad decision.
Originally posted by pbmaise
OnoOno
Hmmmm. So instead of any attempt to help, you are here sticking a knife in and making personal attacks against your neighbors. Neighbors, coping with problems that, based on your smug attitude, don't concern you.
There should be no reason why you wonder. Since the reason you should feel shame is bluntly obvious to people that care
It's as if you went to Vegas, got on a poker table and went "All-In" on a bad hand, and then tell the winner to get his winnings from some other player's chip-pile.
Ono - So Fast - So Tasty!
RE: Using bankruptcy court against a lava flow - kalakoa - 12-04-2014
the people you want to stiff for your bad decision
Oh, please: we're all being "stiffed" for the bad decisions that led to LZ1 being populated in the first place.
Start with $20M worth of roads and emergency response to "rescue" all those residents, everyone of which "decided" to live where they did. They all did their "due diligence" before buying, and accepted the risks of living downslope of the active rift zone, right?
Either that, or make it "fair" by giving $20M worth of roads to the Upper Puna subdivisions.
RE: Using bankruptcy court against a lava flow - OnoOno - 12-04-2014
quote:Is there enough revenue coming out of the area to justify the expenditure?
Originally posted by kalakoa
the people you want to stiff for your bad decision
Oh, please: we're all being "stiffed" for the bad decisions that led to LZ1 being populated in the first place.
Start with $20M worth of roads and emergency response to "rescue" all those residents, everyone of which "decided" to live where they did. They all did their "due diligence" before buying, and accepted the risks of living downslope of the active rift zone, right?
Either that, or make it "fair" by giving $20M worth of roads to the Upper Puna subdivisions.
Accepting risks means you accept responsibility, including fiscal, when things to Pele's way. Dumping it on others is not "accept(ing)" responsibility.
Ono - So Fast - So Tasty!
RE: Using bankruptcy court against a lava flow - kalakoa - 12-04-2014
Is there enough revenue coming out of the area to justify the expenditure?
Was it worth $20M to "save" Pahoa?