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Herbert Weinberg
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Herbert Weinberg’s Answers

303 total


  • Can I dump my chapt 13?

    Hi I wanted to know what happens if I stopped paying toward my ch13 ? I would like to try and catch up to my mortgage arrears and work on my credit separately . How long after payment stops do they drop your case? And is the right of stay on my ho...

    Herbert’s Answer

    You may wish to consider loan modification and along with that, you may wish to provide in your chapter 13 plan for a minimal payment and to surrender your property if you do not get loan modification. Needless to say, if you are going to link your ability to retain your house to loan modification, you want to get professional help with the loan modification.

    You may wish to consider the other options presented to you. However, in the end, you need to make the payments or your bankruptcy case will be dismissed. Absent and loan modification, the bank will foreclose on you.

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  • I Have old medical bills on my credit report that have been sent to collections, do they go away after time?

    I am a MA resident who has medical bills from WY on my credit report from 2009 which have been sent to collections. I recently got a copy of my credit report and have been trying to clear it up. Do these debts get erased from your credit report af...

    Herbert’s Answer

    You have stated the total that is under 5000. Consequently, your biggest concern maybe credit repair and not the possibility of being sued. Consequently you may wish to contact a credit repair agency and see how to minimize the impact of those claims on your credit report.

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  • My son owes me money for a car loan. Pays monthly but no agreed amount. How do I collect balance?

    We agreed on a monthly amount and due date. He is not meeting either. I have copies of each payment and agreement we both signed at the time of loan.

    Herbert’s Answer

    Perhaps, have a lawyer send a formal letter demanding payment. Hopefully, you're showing that you are serious will be sufficient to get a message through to your son.

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  • Bankruptcy had a personal injury settlement later attached to a very old case. Is there theory of d. for impounding (all)?

    Opposing counsel is ready to move to impound the settlement. How do I articulate there’s cause for also impounding my address, (or other personal identifiers) given the nature of the sensitivity of the case, as to compensate for the breach?

    Herbert’s Answer

    Please restate your question. I am not sure what the question is. Is it that Was the personal injury lawsuit not disclosed in the bankruptcy and you want to avoid anyone notifying the bankruptcy trustee so you can keep the whole settlement?Is it that a creditor is seeking to attach the settlement?

    If the settlement was not disclosed in the bankruptcy, then it is property of the bankruptcy court. The debtor has no choice but to fully disclose it to the trustee to avoid possibly committing a felony.

    I think you need to meet with an attorney who can determine the nature of your concerns and how to deal with it.not disclosing assets have criminal implications. I had one client who came very close to ending up in a prison cell so I strongly suggest you be careful.

    You can find a good attorney on the avvo website. While my office is in North Andover, my home is located in Newton.

    Good luck

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  • What would be a good percent of the debt to offer in a settlement and how should I go about this?

    Hi I live in MASSACHUSETTS and I'm being sued by NCSLT for private student loans for around $15000 and the debt is mine. I work as a nanny and I only make $16000 a year. I live in an apartment and I have no assets. My father cosigned the loans fo...

    Herbert’s Answer

    I suggest you and your father consult with an attorney to determine if you are judgment proof. Judgment proof means that your income is sufficiently low so that the judge will not require you to pay anything. I have consulted with people who go to court every few months, talk about their poor finances, and at most pay $25 a month.

    Good luck.

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  • "Renting" a foreclosure and our rights without a writtin agreement?

    we moved into a house we were told was being forclosed on and could stay till bank told us to leave. The owner decided recently she wants to keep the house and gave us about two weeks to move?! There is no agreement and we weren't paying her as su...

    Herbert’s Answer

    Your need for housing does not entitle you to an extended stay in a house without payment. You need to speak to an attorney to learn how long you canstay in current house. Also, you should talk to your local town housing authority to see if they can arrange emergency public housing for you. Generally, being evicted gets you to the top of waiting list at public housing. Hopefully, your attorney can work in conjunction with the local housing authority so that you can make a smooth transition.

    Good luck

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  • My neighbor was served a notice that her house will be auctioned off on July 15, 2015

    Today my neighbor was served notice from the sheriffs department that her house will go to auction on July 15, 2015. Last week she received notice that she had missed a court date, which she had no knowledge of, she then contacted the credit union...

    Herbert’s Answer

    The short answer is yes. Your friend needs to hire an attorney immediately. Your friend has two options, the first is to explore the ability to stop the foreclosure out of bankruptcy.The second to see if bankruptcy will both stop at a foreclosure and reorganize your friends debt structure so that he can make a monthly payment to the bankruptcy court and get on with his life. I have been consulted on situations similar to this and have commonly found while the debtor has no interest in bankruptcy, it offers a relatively inexpensive and quick way to end many years of battles with creditors and give the debtor a fresh start.

    Good luck

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  • Debt

    If I call a debt collector ( lawyer firm) that has a judgement and has filed a capias against me to see if we can work something out do I have to give them any asset information at this time?

    Herbert’s Answer

    The creditor will be able to obtain financial information from you once you are in court. It may require you to fill out a form in court in disclosing all of your assets. It is possible that you have a high income that it may be worthwhile for them to garnish and you have assets that is worthwhile to seize. Consequently, you may wish to figure that out and then figure out if you are better off in court making full disclosure or cutting a deal so that the creditor does not ask many questions. I have frequently seen debtors have no doubt that their assets are protected when in fact they are not.

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  • I need help w/re estate taxes. I need help with my mortgage. I file chapter 13. So i pay the 670 a month.

    I file chapter 13 and pay 670 a month to the courts. Which hurts me. I am now 2 months behind on my mortgage and wondering if I can get help with my real estate taxes. Help

    Herbert’s Answer

    I believe you may have two options. The first is to pursue a loan modification so that you can reduce your monthly payment. In,addition, as part of the loan modification, they will include the arrears in the loan The second is to call the municipality and ask them if they will defer action until after you finish your bankruptcy. I would tell Tewksberry that you will start paying 670 a month once you finish with your bankruptcy.

    Being behind on both your mortgage and real estate taxes begs the question if you can afford your house. If you fall another month behind on your mortgage, the bank may file a motion for leave for permission to foreclose. Unless you can then pay one and a half to two times your mortgage every month, the bank will likely get permission to foreclose.

    I am nearby and I would be willing to meet with you to see if chapter 13 is feasible for you if you do not have an attorney Of course, if you have an attorney, you should be talking to your lawyer immediately

    Good luck

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  • 2 people own a home subject to a life estate in MA. One may file bankruptcy in MO. Can that filing affect home in MA? Liens?

    My sister and I own a home in Massachusetts that is subject to a life estate, Our mother, who has lifetime tenancy, is in a nursing home with dementia. The house is rented. One sister, living in Missouri, has had many financial issues and may h...

    Herbert’s Answer

    You have a very serious problem. You may wish to to hire an attorney to document the value of your sisters half of the house with the life estate. You then should purchase her half so you are not tied in with her.

    The reason is If she files bankruptcy, the bankruptcy trustee in Missouri may be able to force a sale of the house in Massachusetts.

    I cannot help you with the Missouri related issues.

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