Tracy J. Hermann’s Answers

Tracy J. Hermann

Providence Family Law Attorney.

Contributor Level 8
  1. I have a home line equity loan on a house that was foreclosed .am i still liable to pay the loan back

    Answered about 1 year ago.

    1. Tracy J. Hermann
    2. Stuart Bradley Handelman
    3. Cheryl Rivera Smith
    3 lawyer answers

    If the home is sold post-foreclosure and the sale price is not enough to cover the outstanding liens, the lender can come after you for the deficiency. I would agree with counsel that you may want to consider bankruptcy. Feel free to contact my office for a consultation. 454-4100.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. If a mother gives her child to the father with all his belongings, can the father say the child is his?

    Answered 7 months ago.

    1. Tracy J. Hermann
    2. Carl P DeLuca
    3. Neville Joseph Bedford
    4. John T. Longo
    5. Timothy Sweet
    5 lawyer answers

    File a motion with the family court seeking placement and custody. If you believe time is of the essence you could file same as an emergency motion, stating the above facts in your affidavit.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. I live in RI and I may have to file bankruptcy . Is it possible to keep your house in bankruptcy proceedings ?

    Answered over 1 year ago.

    1. Carl P DeLuca
    2. Tracy J. Hermann
    3. Dorothy G Bunce
    4. Scott Benjamin Riddle
    5. Richard Edmund Hawkins
    6. ···
    8 lawyer answers

    Highly likely, depending on how much equity you have in your home. Feel free to contact our office for a free consulation at (401) 454-4100 or take a look at our website, www.hlori.com for more information.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Any resources to help my daughter stay in the home after divorce? Husband walked out 5 weeks ago, and has not returned...

    Answered 9 months ago.

    1. Carl P DeLuca
    2. Tracy J. Hermann
    3. Christopher E. Heberg
    4. Christopher A Pearsall
    4 lawyer answers

    She has the option to file first, and may want to file a motion for temporary orders regarding support, etc along with the complaint for divorce. There are a number of factors to consider in determining how to proceed and she should seek a consultation to review all of her options. I'd be happy to meet with her. 454-4100.

    4 lawyers agreed with this answer

  5. Can I get my marriage annulled?

    Answered over 1 year ago.

    1. Tracy J. Hermann
    2. Jonathan Whaley
    3. James L. Elsman Jr.
    3 lawyer answers

    You will not be able to "annul" the marriage, but you can file a divorce on the basis that you have lived separate and apart for a period of three years with cohabitation. This will allow for you to finalize your divorce faster than if you filed based on irreconcilable differences. Feel free to contact my office for a consultation. (401) 454-4100.

    4 lawyers agreed with this answer

  6. MY DAUGHTER HAD BEEN MARRIED WITH ONE CHILD, FOR 5 YEARS AS OF APRIL 2013 WHEN SHE FOUND OUT HER HUSBAND WAS CHEATING ON HER...

    Answered about 2 months ago.

    1. Carl P DeLuca
    2. Timothy James Conlon
    3. Tracy J. Hermann
    4. Peggy Margaret Raddatz
    4 lawyer answers

    I agree with my colleagues. She needs an attorney to enforce the agreement, to the extent that it is set forth as you stated in a divorce decree or property settlement agreement. There are many competent attorneys listed with AVVO, under the "find a lawyer" feature. Best of luck.

    3 lawyers agreed with this answer

  7. I have a 4yr old daughter with a convicted felon he doesnt pay child support and i have been the sole provider for the child

    Answered 6 months ago.

    1. Carl P DeLuca
    2. Tracy J. Hermann
    3. Christopher E. Heberg
    4. Neville Joseph Bedford
    4 lawyer answers

    I agree with Attorney DeLuca. If you are unable to afford counsel, you can contact the RI Bar Association - they have both a volunteer lawyer program and a reduced fee program that can be of assistance. You may also want to take a look at www.cse.ri.gov, with regard to getting a child support order, etc. Best of luck.

    3 lawyers agreed with this answer

  8. Have to file bankcruptcy for high debt. Will this mean I lose my home also? Bank is willing to try and modify my loan.

    Answered 6 months ago.

    1. John N. Mansella
    2. Christopher M. Lefebvre
    3. Carl P DeLuca
    4. Tracy J. Hermann
    5. John T. Longo
    6. ···
    6 lawyer answers

    I agree with my colleagues. Do not attempt this on your own. Find competant bankruptcy counsel to assist in the bankruptcy and the loan modification.

    3 lawyers agreed with this answer

  9. Does the Chapter 7 trustee get really personal with questions at the 341 meeting? What are usual questions that the trustee

    Answered 7 months ago.

    1. Carl P DeLuca
    2. Tracy J. Hermann
    3. Shaye Larkin
    4. Sandra A Kuhn Esq.
    5. Lynda Wesley
    6. ···
    8 lawyer answers

    I agree completely with Attorney Deluca. The trustee, generally speaking, will review all schedules filed by you, as to their accuracy. The trustee will also inquire as to whether you have any pending claims, such as personal injury claims or any other law suits, which may result in monies being paid to you. Since we are right around tax refund time, the trustee may also inquire as to refunds. However, without knowing your particular situation - owner of real estate, non-exempt assets,...

    3 lawyers agreed with this answer

  10. For tax filing purposes, is the legal date of divorce the court date or the final judgement date?

    Answered 7 months ago.

    1. Tracy J. Hermann
    2. Jonathan Whaley
    3. Timothy Sweet
    3 lawyer answers

    You had to have been divorced by 12/31/13 in order to file as "single". Your options are to file jointly or married filing separately. This is not a decision to be made lightly. The only way to maintain separate tax liabilities is to file "married filing separately". In either event, you will likely have to share tax information and cooperate with each other. Absolutely consult with a tax professional before making this decision.

    3 lawyers agreed with this answer