finding of facts

[karlskars1]

i've been involed as a creditor in someone chapter 13 case, and i have the proof i'm not this person creditor on a house trailer they claim there' buying from me, so, i file an "opjection to comformation" and went to the hearing, and the first thing this person lawyer got up and asked for was a finding of facts (or something like that)

this person claims they have a contract saying there buying the trailer and i have a least stating its only a lease. i had all my paper work ready to talk, but the judge held it over for 3 weeks

i have all my facts and this lawyer was faxed all the lease agreements and such, weeks ago.

what can i do, but, just show up with my documents?

[lrprn]

You should have received notice of when this person's 341 meeting is scheduled in court - did you? Are you representing yourself or have you retained a lawyer to help you?

[despritfreya]

My assumptions based upon your post.

1. Debtor's Chapter 13 Plan is paying you as a secured creditor based upon the value (not the amount owed) of the trailer.

2. You are claiming the Plan cannot do that since the trailer is being leased to the debtor - and, if it is a lease, you would be correct.

3. The Debtor's attorney is claiming it is a purchase not a lease and wants you to prove otherwise. If it is a purcahse contract, payment through the Plan is correct.

Am I close?

In general a contract is a lease if:
a. You are still on title to the unit,
b. The lease does not give ownership rights to the debtor,
c. The lease does not have a statement that at the end of its term the debtor becomes the owner and no other money or only some minor amount such as $1 is owed.

In general if the contract gives ownership to the debtor without a "fair market value" buyout, along with some other attributes, then it is nothing more than a disguised sales contract. If you transferred the title to the debtor and placed a lien on it, it is most likely a sales contract, not a lease.

One would need to see the written contract to better assess the situation but, if it smells like, acts like, walks like a sales contract then it is a sales contract regardless of what you call it. You may be stuck with payment through the Plan.

Des.

[karlskars1]

lease!

thanks for your reply,
3 years ago her and i wrote up a contract, that stated she would be buying the (trailer only) for $20,000. a few weeks went by and she called and said she could'nt afford to get insurace and pay me lot rent, (the land the trailer is on is not included in this deal at all) so, she and i signed a lease about a month after wards. she never made a payment the contract. for the past 3 years its always just been a lease. the title was never changed over, and so on.

this year she has starting getting way behind on her lease payment and she keeps telling me to give her more time. i few months ago i get a notice from the bk court i'm her creditor. i called her lawyer and let him know i was only leasing it. he said he would talk with her and see if she would with draw me from her claim.

he would not return any of my calls, but, i had a lawyer friend of mine send him a email at the very start of her bk, telling him that i'm stating its just a "lease" (i have copies of these email)

then i few weeks ago i get a statement from her insurance company, saying she has now aquired full covage on my trailer, i called them and the agent stated "her lawyer told her to get full covage on this trailer, and he went on to tell me, she's only had renters insuracne for the past 3 years"

should'nt a lite went off in this lawyer head?

she did this to buy time and now her lawyer is mad at me because i wrote the bk court and told them how he would not reponed to phone calls and such.

the only real phone call i ever got was just a few days ago. and he told me""""i may lose this bk case ,but its going to cost you alot of time in court and lawyer fees.

i sent the opjection to comformation, and the other day went to the hearing, and before i had a chance to say anything her lawyer requested a "finding of facts hearing" or something like that, for three weeks later.

he's hold ture to what he told me. as you should know its would cost me about $500.00 for each hearing if i have to get a lawyer, i sent all the copies of the lease to the courts. and even the statement from her insurance company. and what he said about "renters insurace only"

and just a side note. about 5 years ago he closed the morgage on the trailer that he's doing the bk with. i found the old paper work and their alot of my finacial imfor and such that he has on file. maybe no big deal. he knows this is such a hardship on me.

he had 8 cases the other day when i went to comformation hearing. so, he's always their, no big deal to him.

he's made this a vandata of such, i fill if he wins this case or i win, i could file "theaft by deception"