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Matthew T. Desrochers's Answers
Contributor Level 6
- 10 Legal Answers
- 0 Legal Guides
4
Attorney answers:
What are the risks of filing for bankruptcy? Will I have trouble applying for student loans?
Great Questions...i have direct experiance in this question. I have a client who was refused bar admission in Massachusetts becuase of his substantial outstanding credit card debt. He graduated and passed the bar; but the Board would NOT swear him in to actually be officially. that is in Massachusetts.
3
Attorney answers:
How would I get the status of my house that in foreclosure.
I would suggest either calling your mortgage company or the law firm handling the foreclosure itself. either should be able to tell you where in the process you are in the foreclosure. Also your BK attorney would be a good resourse as well.
4
Attorney answers:
In filing Chapter 7 bankrucy business and personal how many years back can trustee go back in requesting information.
The trustee can really do as they please. However generally the look back 2-5 years depending on the case itself. If there was real estate or if there were some assets at some time; then they will look back longer.
4
Attorney answers:
Proceeds after dismissal of Chapter 7
Well; what does your retainer agreement say? that will likely control. Also have you asked your attorney for a refund? Why was the case dismissed? Most attorneys fee agreements indicate that once the case is filed; that there are NO refund unless its the fault of the attorney.
5
Attorney answers:
Chapter 7 question
Yes absolutely your friend can purchase a vehicle. Legally YES/ practically???not sure. is he paying cash for the car? if so; then as long as the funds to purchase the car are EXEMPT; then your friend is all set. the other issue is will a bank lend you funds while in an active Chapter 7 case? not likely. this is a simple that can be solved very easily.
6
Attorney answers:
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Does my husband have to file bankruptcy with me?
Absolutely NOT; you do not have to file together. The BK discharge will legally sever your obligation to pay something. It will only sever the legal obligation of the person filing for BK. Sometimes it makes sense to file a Joint Petition and other it times does not. When you file in all likelihood your husband’s account with that creditor will be shut off as well. Good luck Please see my new website below with VIDEO Matthew T. Desrochers, Esq www....
3
Attorney answers:
Responsible for upkeep of a home after bankrupcy
at this point the BK really has nothing to do with your question. Your contract/MORTGAGE that you signed indicates that you must keep the property in good condition; and not commit WASTE; meaning you cannot devalue the property; like store chemical waste or allow damage to the property of course with REASON. I would suggest that you SHORT SALE the property. My law firm handles short sale NATIONWIDE. We can workwith your MORTGAGE company to get your property sold asap. Id be happy to...
4
Attorney answers:
Does lender have to resubmit a Motion For Relief after conversion from 7 to 13
The MFRFS is now going to follow the case regardless if you convert or not. Therefore the bank can foreclose without the protection of the stay. I would suggest that you contact the banks attorney; through the BK petition and attempt to do a short sale and sell the property. That will assist you in that you will AVOID a foreclosure on your credit report. That is important for your future credit and livelihood. If you need assistance with your short sale I would be more than happen to...
4
Attorney answers:
How soon after being discharged from a chapter 7 bankruptcy can I refinance my home?
I am a bankruptcy attorney and happen to also owe a mortgage company with offices of Massachusetts and New Hampshire. The BK code does not govern whether you can or cannot refinance; but general rule of thumb; anything related to real estate like buying or refinancing is two years POST bankruptcy and for a vehicle; immediately after discharge you can buy a vehicle. now...will you have to put more money down-YES , higher interest rate?...YES. but you can still do such. good luck Please...
4
Attorney answers:
I am pro-se. can I submitt an exempt item after filing in chapt7
Well the car is property of the BK estate at this point; legally you cannot sell it without the approval or consent of the trustee assigned to your case. I would advise you to NOT sell any assets whatsoever. The risk to you is NOT worth it in any way. Bankruptcy fraud is not worth it....for a small asset or for any asset regardless good luck. Please see my new website below with VIDEO Matthew T. Desrochers, Esq www.massachusettsbankruptcyinfo.com www.mtdlawma....