Dmitry Lev's Answers

Can I keep my car if I file for bankruptcy protection

You have several options in bankruptcy. If you are not behind on the car payments, you should be able to keep the car and continue making payments. There is also a procedure called "redemption" where you may be able to reduce your car loan down to the current value of the car. For instance, if you currently owe $15,000 on this car and it is determined to be worth only $9,000, you can use "redemption" to reduce the loan down to $9,000 which will also surely reduce your monthly payments. Most...

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In the Federal Bankruptcy Court, my attorney withdrew from the case. Should I tell the Judge the reasons for his withdrawal?

I practice extensively in the three Bankruptcy Courts in Massachusetts, including dealing with complex litigation and adversary proceedings that have gone to trial. In speaking with attorneys you are considering hiring, ask them how many times they've appeared in front of the particular judge assigned to your case (there are only 3 in Boston, and 2 in Western Mass), and more importantly how many actual trials they have done. Trials are relatively rare in a Bankruptcy context, so make sure you...

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What recourse do i have againstfinance company that keeps serving me with a subpoena on a debt that was discharged in banktrupcy

Not only should you consider all of the above, but you may also be entitled to damages (including reasonable attorneys fees) if this company was properly notified of the bankruptcy and yet are pursuing you in spite of your discharge. This could be a major violation of several federal laws.

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Assets within chapter 7 or 13.

No one addressed the issue of your parents not being married. They would not be able to file bankruptcy jointly, though they could file two individual cases. Because a joint filing is not available, there would be less flexibility with exemptions, especially when important assets (like the cars) are in one person's name only. You didn't mention the make, model, and mileage of the cars -- it is possible that the Trustee will not be interested in selling them if the proceeds are not likely to...

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Restraining order from a once great friend ,girlfriend was tragically misleading and my rights were not accounted for ? Defam?

Fight off the restraining order first. Make sure no criminal charges are being filed (charges like criminal harassment, accusations that you've made threats -- which is in itself a crime -- often accompany restraining orders). Definitely abide by the terms of the order 100% and have no contact with and stay away from the plaintiff or the residence as listed on the order. You may find my restraining order website helpful.

I meant that when I filed Chapter 7 I just wanted to get the credit cards & Collection agencies off my back.

I guess I am not sure exactly what the question is. Yes, you have the right to reaffirm a debt before your discharge, and most of the time you have to be the one to initiate the process. Yes, the bankruptcy is an all-around discharge (with certain exceptions), and you can't choose to "only include your credit cards" but not other debts. But there is usually very little benefit to reaffirmation and your property ownership is not affected either way. What exactly are you upset about?

Can Lien Stripping be done on a first mortgage?

No. Simply put, you are only allowed to strip the lien of a wholly unsecured mortgage and only in a context of a Chapter 13 bankruptcy proceeding. Here, even though the mortgage is UNDERsecured, it is still secured to the tune of $260,000. If you had a second mortgage on top of the $300,000 one, that second one would be wholly unsecured and may be stripped off. Congress attempted to pass legislation that would allow bankruptcy judges to do just what you are asking, but the legislation did...

Can Lien Stripping be done on a first mortgage?

No. Simply put, you are only allowed to strip the lien of a wholly unsecured mortgage and only in a context of a Chapter 13 bankruptcy proceeding. Here, even though the mortgage is UNDERsecured, it is still secured to the tune of $260,000. If you had a second mortgage on top of the $300,000 one, that second one would be wholly unsecured and may be stripped off. Congress attempted to pass legislation that would allow bankruptcy judges to do just what you are asking, but the legislation did...

Can Lien Stripping be done on a first mortgage?

No. Simply put, you are only allowed to strip the lien of a wholly unsecured mortgage and only in a context of a Chapter 13 bankruptcy proceeding. Here, even though the mortgage is UNDERsecured, it is still secured to the tune of $260,000. If you had a second mortgage on top of the $300,000 one, that second one would be wholly unsecured and may be stripped off. Congress attempted to pass legislation that would allow bankruptcy judges to do just what you are asking, but the legislation did...

Do I have to pay the fee the insurance says was not collected ?

I assume this is a medical bill. Call the insurance company that you had at the time of the service and ask why that portion was not covered. It could have been their mistake, but it could also be a co-pay for which you are responsible.