Walter C Oney Jr’s Answers

Walter C Oney Jr

Fitchburg Bankruptcy Attorney.

Contributor Level 17
  1. Can you file for personal bankruptcy?

    Answered over 2 years ago.

    1. Walter C Oney Jr
    2. Michael Hal Schwartz
    3. Jeffrey Bruce Gold
    3 lawyer answers

    The "you" in your question "can" file for personal bankruptcy. The question "you" should be asking instead is what the likely result would be. "You" may have primarily non-consumer debts, which eliminates the means test and any motion to dismiss for abuse from the picture. "You" probably has too much debt for a Chapter 13, however, so Chapters 7 and 11 would be the available choices. Chapter 11 is very expensive, and something call the "absolute priority rule" may prevent "you" from keeping any...

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  2. How much disposable income do I need to have to qualify for chapter 13 in Massachusetts?

    Answered over 2 years ago.

    1. Walter C Oney Jr
    2. Dorothy G Bunce
    3. Kathryn Ursula Tokarska
    4. Douglas Beaton
    4 lawyer answers

    Enough to pay your priority creditors in full during your plan, plus enough to cover the liquidation value of your assets, plus 11.1% to cover the Trustee's commission. PLEASE heed the big stop sign and warning on our court's web site and hire an attorney to handle your c. 13 case. Even the judges will tell you that a pro-se c. 13 is doomed from the start. There are many good attorneys to be found near your home or office via the attorney finder at www.nacba.org.

    13 lawyers agreed with this answer

    3 people marked this answer as helpful

  3. What does Chapter 7 bankruptcy mean?

    Answered over 1 year ago.

    1. Jeffrey Steven Feinberg
    2. David Lloyd Merrill
    3. Walter C Oney Jr
    4. Michael Hal Schwartz
    5. Omar Mahmoud Badr
    6. ···
    6 lawyer answers

    Chapter 7 is a liquidation, wherein you turn your non-exempt assets over to a trustee, who sells them and pays your creditors. A summary of bankrupcty law is on the "Bankruptcy Basics" tab of my web site (www.oneylaw.com). Although bankruptcy is national law, some of the information on my web site pertains to the Massachusetts Bankruptcy Court, so you should consult a NY attorney for more information.

    15 lawyers agreed with this answer

  4. Trustee's answer Brief . is OUTRIGHT BLACK LIE. Should I file a Motion to convict for PERJURY? OBSTRUCTION OF JUSTICE?

    Answered almost 2 years ago.

    1. Walter C Oney Jr
    2. Deborah F Bowinski
    3. Dorothy G Bunce
    4. Roger Jon Yehl
    4 lawyer answers

    Action? You should retain an attorney. Your emotional reaction to what is almost certainly merely an advocacy position taken by your adversary is exactly why people should not attempt to represent themselves in litigation.

    14 lawyers agreed with this answer

  5. Bankruptcy DISMISSED for failure to appear and "fraud". Can I re-file?

    Answered over 2 years ago.

    1. Walter C Oney Jr
    2. Michael Salanick
    3. Kathryn Ursula Tokarska
    4. Edward Scott Lake
    4 lawyer answers

    You need to read the order of dismissal carefully. Under 109(g), you may be barred for 180 days. Regardless of whether you CAN file, you will also need to read 362(c)(3) and (4) carefully. A pro-se 11 is essentially impossible. You really need to hire an attorney, which is why I'm not trying to tell what 362(c) says. It will be expensive, but probably less expensive than enduring the feeding frenzy your creditors will engage in.

    13 lawyers agreed with this answer

  6. In a Chapter 13 Bankruptcy, can I permanently cram down the interest rate on all of my student loans to, say, 2%?

    Answered over 2 years ago.

    1. Walter C Oney Jr
    2. Shannon E Wynn
    3. Dorothy G Bunce
    4. Daniel Dwight Bowen
    5. William W. Fife III
    5 lawyer answers

    I've never heard of this being done, but I suppose you could cram them down to prime plus a bit (say 4%) if you were going to pay them off completely during your case. You would also have to pay all your other unsecured debts in full, with interest, if you were going to do that because the trustee would otherwise object to the discriminatory treatment. It would require research to determine whether the court could confirm that plan over the objection of the creditor without a showing of undue...

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  7. Clients atty doesn't want to file motion to sell for short sale in BK. As RE prof, what can I do? Clients have also tried w/atty

    Answered about 2 years ago.

    1. Walter C Oney Jr
    2. Alan D. Walton
    3. Dorothy G Bunce
    4. Michael Grennier
    5. Gregory Howard Wiley
    5 lawyer answers

    Often, the only beneficiary of a short sale for a debtor in bankruptcy is the broker who gets a commission on the sale. The bankruptcy will discharge the debtor's obligation to pay the mortgage -- and SFAIK deficiency judgments aren't possible in California anyway. The bankruptcy also terminates your listing agreement, and it may not be possible for you to be paid your commission even if the sale goes through. It would be improper for you to give any legal advice to the sellers in this...

    12 lawyers agreed with this answer

  8. How honest should I be with my bankruptcy attorney if I had willfully ran-up credit card charges prior to filing BK?

    Answered over 1 year ago.

    1. Michael Raymond Daymude
    2. Walter C Oney Jr
    3. Scott Benjamin Riddle
    4. Dorothy G Bunce
    5. Susan Schmeidler Blum
    6. ···
    6 lawyer answers

    You must tell him everything because that's the only way he can properly advise you. What you tell him in confidence is protected by attorney-client privilege, which means that he can't tell anyone. On the other hand, he can't continue to represent you if he knows that you're lying to the court. The most important thing you should understand is that your untutored evaluation of your conduct may not be legally correct. That is, there may be nothing to worry about at the end of the day.

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  9. Bankruptcy

    Answered about 2 years ago.

    1. Walter C Oney Jr
    2. Peter Walter Weston
    3. Dorothy G Bunce
    4. Deborah F Bowinski
    4 lawyer answers

    I think you're trying to say that there is a judgment lien on your house and that your bankruptcy lawyer did not file a motion to avoid that lien during the bankruptcy. It should be possible to reopen the bankruptcy case and file the avoidance motion now. Your lawyer should be willing to do that and to pay any required filing fee for reopening the case. But he is entitled to get a fee for preparing the motion unless your fee agreement with him required him to do so without charging an extra fee.

    11 lawyers agreed with this answer

  10. How can I prevent from loosing an inheritance while in Chapter 13

    Answered over 1 year ago.

    1. Walter C Oney Jr
    2. Diane L Drain
    3. Steven W Zachary
    4. Gary D. Bollinger
    5. Richard Edmund Hawkins
    5 lawyer answers

    You should have disclosed your potential inheritance on your schedules when you filed the case 3 years ago, and you could be in real trouble because it sounds like you didn't. Talk to your attorney right away, because your papers MUST be amended. It doesn't matter that you haven't received the money yet -- all that matters is that your potential right to receive it occurred before you filed.

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