Theodore John Koban’s Answers

Theodore John Koban

Attleboro Bankruptcy Attorney.

Contributor Level 13
  1. Husband and I are divorced. Own a home. He lives there. I live elsewhere. Mortgage is 15K. Equity line is 21K. Husband filed for

    Answered about 3 years ago.

    1. Howard M Lewis
    2. Theodore John Koban
    3. Dorothy G Bunce
    4. Mitchell Paul Goldstein
    5. Nicholas I Fuerst
    5 lawyer answers

    I doubt you can take out a loan against the house that you co own with your husband without your husband signing on, While the bankruptcy is pending he can't take out the loan. When its over no one will be likely to lend to him.

    3 lawyers agreed with this answer

  2. Who's responsible for paying former attorney?

    Answered almost 5 years ago.

    1. Theodore John Koban
    2. Henry Lebensbaum
    3. Edward Albert Smith
    3 lawyer answers

    From the Massachusetts Board of Bar Overseers site: Take the common scenario where a client who changed lawyers had signed a one-third contingent fee agreement with each lawyer. The second lawyer, who resolved the case, is holding the client’s proceeds and wants to take her full contingent fee from those proceeds before making distribution to the client. But the discharged lawyer, whose work on the case contributed to the successful outcome, also wants to be paid for his services. The...

    Selected as best answer

  3. Assets within chapter 7 or 13.

    Answered almost 5 years ago.

    1. Theodore John Koban
    2. Ryan D Sullivan
    3. Dmitry Lev
    4. Daniel S Gindes
    4 lawyer answers

    Filing a Ch 13 can be done only be people who have disposable incomes that they can commit to a Ch 13 Plan. Often people seem to think that they can choose to file either a Ch 7 or a Ch 13. Sometimes their budgets have enough fexlibiiity that they can do this. More often than not they cannot. You mention a home under water and a 1st and 2nd mortgage. This triggers the notion in my head that it might be possible to eliminate the 2nd mortgae, in a Ch1 3, using what is know as a "cram down." It...

    Selected as best answer

  4. Will I lose my disability income once social security goes bankrupt?

    Answered over 4 years ago.

    1. Theodore John Koban
    2. John W. Aebi
    2 lawyer answers

    All government programs (entitlements) are subject to the government funding or their collecting enough money to sustain their operations. IMHO short of a total financial melt down I suspect SSDI is sufficiently ingrained in our society that I doubt the Congress would let it collapse completely. It is more likely (again IMHO) that the annual cost of living adjustments will decrease over time such that the purchasing power of the benefit you receive shall become less and less. It is impossible...

    Selected as best answer

  5. What kind of attorney do I need for a car defect that the Maker has admitted to? I am having medical issues & tests are ordered

    Answered over 4 years ago.

    1. Adam David Sorrells
    2. Constantine D. Buzunis
    3. Theodore John Koban
    3 lawyer answers

    What kind of medical issues? Whta kind of defect? You probably need a products liability lawyer. But, whether you need a lawyer at all depend on the answers to the first two questions. If you have, for example, a $2,000 case and they have offered you $250 you may find it hard to find lawyer willing to devote time to the matter,.

    Selected as best answer

  6. I had ACL Reconstruction Surgery and now require more surgery to replace damaged meniscus.

    Answered almost 3 years ago.

    1. Robert A Stolzberg
    2. Marc Sean Hurd
    3. Theodore John Koban
    4. Christian K. Lassen II
    4 lawyer answers

    I hate to be a spoil sport but on a practical level having to undergo a separate surgery, even if it all could have been done in one, is not likely to bring a large monetary recovery. You need to find a doctor willing to testify that the first doctor did something wrong. You may find it difficult to find a lawyer willing to put time and money into your situation. There are many acts of malpractice that do not get pursued because the potential financial damages are too low to justify the effort....

    1 lawyer agreed with this answer

  7. Need help. Local cumberland farms knowingly put regular soda in diet fountain machine, and im a diabetic-

    Answered almost 4 years ago.

    1. Theodore John Koban
    2. Christian K. Lassen II
    3. Robert Daniel Kelly
    4. Jeffrey Mark Adams
    4 lawyer answers

    It sounds as if the store was negligent. Hwver, I wonder what your "damages" were? The financial amount you can recover is related to your financial loses. A couple of days lost pay, minimal med bills and no long term residual loss of function doesn't seem as if your recovery horizon is great.But, juries are sometime unpredictable. You may have a hard time finding an attorney willing to take the case on a contigency fee basis.

    2 people marked this answer as helpful

  8. Is debt settlement better then bankruptcy???

    Answered almost 5 years ago.

    1. Theodore John Koban
    2. Jonas A Jacobson
    3. James Riley Hodder
    3 lawyer answers

    IMHO you are wasting your money if you use any debt settlement company that charges you for it's services. In considering your question ask yourself " If I hire a debt settlement company, and they do what they say they are going to do, and get my $24,0000 in creditors to accept 50 cents on the dollar, do you then have $12,000 to payoff the debt?" If not, what good are they doing you? You are probably going to file bankruptcy anyway. So, what's the point of the debt consolidation? Theodore J....

    1 lawyer agreed with this answer

  9. Bankruptcy.

    Answered almost 4 years ago.

    1. Theodore John Koban
    2. Daniel Mark Press
    3. Dorothy G Bunce
    4. Theodore Lyons Araujo
    4 lawyer answers

    You might want to see a local attorney and discuss a Ch 13 bankruptcy filing. You would have to arrange your monthly budget so that you would have some amount to pay your creditors each month. I appreciate that your income is limited but a Ch 13 would 1) bar the garnishment (which would destroy your income) and 2) give you and any co-singers on your student loans protection from collection activity for up to five years while you are getting on your feet. Unfortunately, the student loans would...

    Selected as best answer

  10. When/should I stop paying credit cards?

    Answered almost 5 years ago.

    1. Theodore John Koban
    2. Paul H. Weig
    3. Errin Preston Stowell
    3 lawyer answers

    You should absolutely meet with a bankruptcy attorney before you do anything. Once you have stopped making payments on your credit cards you will have burnt your bridges. How you know that you are above means and need to file a Ch 13, if you haven't had a consult with an attorney? You message gives me cause to worry. A little knowledge can be a dangerous thing. Don not use your tax money or your retirment monies to keep current. See a bankruptcy attorney immediately.

    Selected as best answer