Herbert Weinberg’s Answers

Herbert Weinberg

North Andover Bankruptcy Attorney.

Contributor Level 12
  1. I need a car very badly. My engine seized. I have only 8 months left on my Ch. 13, have never missed a payment.

    Answered over 1 year ago.

    1. Herbert Weinberg
    2. Danielle M. Callahan
    3. Charles Ross Smith III
    4. Derek R. Caldwell
    5. Brian Crozier Whitaker
    5 lawyer answers

    The most your attorney can charge if $3500 and then $500 for post confirmation work. without a court order. If you have paid more than that, you may want to have a discussion about him or her charging for every appointment, There are lenders who will lend to Chapter 13 debtors. Once you have a loan agreement , several motions need to be filed to approve the loan as well as showing that you can afford the loan. I tell my client to avoid this by getting a relative to buy the car for them...

    10 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Bankruptcy, before or after small claims date?

    Answered about 2 years ago.

    1. Herbert Weinberg
    2. John B. Reilly
    3. Hale Andrew Antico
    4. Andrew Daniel Myers
    5. Deborah F Bowinski
    6. ···
    6 lawyer answers

    I see from the comments youa retiree. Hence, I have three suggestions. First, bring proof of payment through withdrawels from the bank or checks to court to show you paid him. Second, check if you are judgment proof- many people income and expenses are protected under state law and do not need bankruptcy if they do not mind going to court to show that all assets and income is protected. Finally, out of pocket expense of filing bankruptcy is about four hundred dollars not to mention the cost of...

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  3. Can I keep my house and one investment house that I own if I filed chapter 7?

    Answered about 1 year ago.

    1. Herbert Weinberg
    2. Henry Lebensbaum
    3. Andrew Daniel Myers
    4. Lamya A Forghany
    5. Douglas Beaton
    6. ···
    6 lawyer answers

    Chapter 13 is generally better than chapter 7 in complex situations as it allows a debtor to reduce if not wipe out mortgages. Plus the banks will generally wait for the loan modification process to be completed before seeking to foreclose. with a business, three properties at risk , we need a lot more information to help you. We need to know the debts, income and expenses of the business, each property and also for both you and your husband . I think you need to sit down with an...

    9 lawyers agreed with this answer

  4. Aunt has terminal cancer & high debt. Just months to live. Plans to file bankruptcy ASAP. Can she gift assets now B4 she dies?

    Answered about 1 year ago.

    1. E. Alexandra Golden
    2. Herbert Weinberg
    3. James Liu
    4. Michael Glynn Busby Jr.
    4 lawyer answers

    We need more information, most notably who are your aunt's creditors? If it is Medicare, then you need an estate planning attorney who knows about Medicare liens and its ability to undo transfers. In this situation, bankruptcy will be of limited if any help. Also, in bankruptcy, the ability to protect and transfer assets right before bankruptcy is limited and fact dependent which requires careful review by a attorney. With cash car and a house, there are not shortcuts. good luck

    9 lawyers agreed with this answer

  5. Can i file bankruptcy with an open civil suit. the civil suit is for 30K, hasnt gone to trial yet, but lost home, business etc,

    Answered over 1 year ago.

    1. Herbert Weinberg
    2. Dorothy G Bunce
    3. Michael Avanesian
    3 lawyer answers

    of course you can file bankruptcy. Many people file bankruptcy to end pending litigation which will otherwise consume them for years so they can get on with their lives with a fresh start. Need to make sure there are no allegations of fraud that would make an exception to the rule. Good luck.

    9 lawyers agreed with this answer

  6. Is it possible to file for personal Bankruptcy in Massachusetts without a lawyer?

    Answered about 2 years ago.

    1. Peter Walter Weston
    2. Herbert Weinberg
    3. Hale Andrew Antico
    4. Andrew Daniel Myers
    5. Massimo Paternoster
    5 lawyer answers

    Most chapter 11 debtors do not exit bankruptcy with a confirmed Chapter 11 Plan even when they hire experienced counsel. , Needless to say, absent counsel, the liklihood is much less when there is not counsel. Chapter 11 has many requirements such as filing monthly cash flow reports and maintaining insurance that debtors have problems following even when they have counsel. I have been involved several times with debtors with no or inexperienced counsel and the court appointed a trustee to...

    9 lawyers agreed with this answer

  7. Can a private student loan be discharged in Chapter 7 Bankruptcy in Massachusetts?

    Answered about 2 years ago.

    1. Herbert Weinberg
    2. L Jed Berliner
    3. Dorothy G Bunce
    4. Robert A. Stumpf
    5. Daniel S Gindes
    5 lawyer answers

    As to student loans, you need to file a seperate lawsuit in the bankruptcy court to have it discharged. It appears to me you have two seperate and independent grounds to get the loan knocked out. The first is that it is an undue hardship. Based on the facts you supplied, it appears to be present. Second, an attorney could reveiw if the calssification of student loan could be challenged. Factors to be considered include but are not limited to whether money was sent directly to the institution....

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  8. Can I file for chapter 7 Bankruptcy, even though I'm current on my bills?

    Answered over 2 years ago.

    1. Herbert Weinberg
    2. Dorothy G Bunce
    3. Erik Hammarlund
    4. Walter C Oney Jr
    5. Michael B Feinman
    6. ···
    6 lawyer answers

    You have given very limited information which only allows a limited answer.Assuming you have no assets with equity and your expenses are all reasonable, not onlly are you elgible for bankrutpcy but you are a prime example of why bankruptcy is needed to help people escape debt and get a fresh start in life. More information on your assets and a breakdown of the type and amount of debt would be helpful

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  9. Can a foreigner file chapter 7?

    Answered almost 2 years ago.

    1. Herbert Weinberg
    2. Hermin A. Dowe
    3. Dorothy G Bunce
    3 lawyer answers

    Yes as I have done quite a few for those with a social security. In your case, you need to be careful. On one hand, the Trustee will want to know if you have any interest in any property. Your parents may have put property in your name without telling you.If the Trustee finds out it is so, he is likely to go after the property. I have represented parents in situations like this . On the other hand, the Trustee or UST may accuse you of abusing bankruptcy by running up debt with no ability or...

    8 lawyers agreed with this answer

  10. Do I still need to pay property taxes on a property that I surrendered in Chapter 7 Bankruptcy?

    Answered over 2 years ago.

    1. Herbert Weinberg
    2. Alan D. Walton
    3. Joseph Wrobel
    3 lawyer answers

    The answer given is correct. The issue you may want to consider with is that it is your house till the bank forecloses. If someone falls and trips, you are liable. The insurance the bank normally pays for in this situation does not protect you from this type of lawsuit. Accordingly, you may wish to rent the property to someone who will maintain the property and pay you enough to cover the cost of insurance. I have had a number of clients in this situation rent the property and realize...

    8 lawyers agreed with this answer

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