Kenneth E Lenz’s Answers

Kenneth E Lenz

Orange Bankruptcy Attorney.

Contributor Level 11
  1. My retired mother has filed for chapter 7 but planned to keep her house. Now she can no longer make her mortgage payments.

    Answered almost 2 years ago.

    1. Kenneth E Lenz
    2. Alan S Dambrov
    3. Derek R. Caldwell
    4. Matthew Erik Johnson
    4 lawyer answers

    In Conn. your mom can exempt her equity and keep the house if she pays the mortgage, or just let it go into foreclosure. She needed to list all her creditors in her schedules. I recommend she not sign a reaffirmation agreement on the mortgage, and that she get legal assistance when she is served with a foreclosure complaint, so she can maximize her "free" time in the home.

    Selected as best answer

  2. What happens to the assets of a business when a person files BK???

    Answered about 3 years ago.

    1. Kenneth E Lenz
    2. Stephen Clark Harkess
    3. Curtis Lamar Harrington Jr
    3 lawyer answers

    So long as the business you own has a value that is exempt, the trustee will have no interest in liquidating it. The secured creditor(s) may exercise their rights to repossess and liquidate the assets you pledged as collateral. However, your bankruptcy gives you an opportunity to restructure the secured debts through a workout with the secured creditors. Your personal bankruptcy discharge will convert the loan into a non-recourse loan (your guaranty will be extinguished) so the creditor may...

    Selected as best answer

  3. Sued by credit card company

    Answered over 5 years ago.

    1. Kenneth E Lenz
    2. Mark Hankins
    2 lawyer answers

    The credit card plaintiff is likely to be given a second chance to reply to your affirmative defense, and you just alerted it to file that reply. There's nothing you need to do at this point, but the correct motion you should have filed is not a motion to dismiss, but a motion for default for failure to plead. The CT Practice Book is pretty complex. Most people don't attempt to represent themselves, unless the matter is in small claims court. The Court clerk can only give you a limited...

    Selected as best answer

  4. I recently filed for chapter7 bankruptcy my debts have been discharged.

    Answered over 2 years ago.

    1. Dorothy G Bunce
    2. David Lloyd Merrill
    3. Matthew Erik Johnson
    4. Kenneth E Lenz
    5. Ekaterina Kashlinsky
    5 lawyer answers

    This is not, strictly speaking, a question of law, as your creditworthiness is a matter of the creditors' judgment that you are an acceptable credit risk. Generally speaking it takes about two months after discharge for debts discharged in bankruptcy to be updated to "zero balance: discharged in bankruptcy", which will have some effect on your credit score. However, your continuing timely payment of utilities and other obligations for a year or two will be needed to increase that score...

    2 lawyers agreed with this answer

  5. Is a property settlement from a 2003 divorce decree agreement due end of 2012 able to be discharged in a chapter 7 filing ?

    Answered over 2 years ago.

    1. Kenneth E Lenz
    2. Christopher P Norris
    3. Alan S Dambrov
    4. Derek R. Caldwell
    5. Penelope Noami Bach
    5 lawyer answers

    In a Chapter 7 case a property settlement cannot be discharged per 11 USC Sec. 523(a)(15). You will receive notice of this from your ex's bankruptcy trustee. I'm kind of wondering why the split of the home equity was not secured by a mortgage, but that will not effect the property settlement NOT being discharged in bky.

    2 lawyers agreed with this answer

  6. Is a legal settlement exempt from bankruptcy? If I have not filed for bankruptcy and receive a legal settlement later?

    Answered over 5 years ago.

    1. Kenneth E Lenz
    2. Michael D Fox
    2 lawyer answers

    If you obtained funds from a legal settlement and spent them prior to filing bankruptcy, the trustee may rightfully want to know what you did with the money, and require documents proving what you . If you preferred a family member or friend by paying that person back within a year of the bankruptcy filing the bankruptcy trustee may seek to avoid the preferential transfer. If you paid back any creditor within the 90 days prior to filing bky the same thing might happen. Further, to the...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  7. What is a conformed copy of a completed return of summons.

    Answered almost 5 years ago.

    1. Kenneth E Lenz
    2. Scott Douglas Jordan
    3. Theodore Lyons Araujo
    3 lawyer answers

    (1) Yes. If you properly served the summons and complaint and the defendant did not file an appearance, you can then file a motion for default judgment. (2) A completed return of summons is basically filling out and signing the reverse side of the summons, stating how you served the summons and complaint on the defendant. (3) Without knowing what your complaint asks for, I cannot answer this. If you are requesting monetary damages, you will need to file an affidavit of debt, or some sort...

    Selected as best answer

  8. Mother is suing me for 110,000.00

    Answered almost 3 years ago.

    1. Marc Gregory Wagman
    2. Philip M. Block
    3. Kenneth E Lenz
    4. Michael J Palumbo
    4 lawyer answers

    Family disputes are very difficult on everyone, and can lead to destruction of families. The courts can and will decide legal issues based on the presentations of legal principles and evidence presented in court at trial. However, getting to trial can be expensive and take many months. You need to find an experienced lawyer in your area who can sort through the emotions and facts and determine what kind of defense can best be interposed. It sounds like you are trying to represent yourself....

    1 lawyer agreed with this answer

  9. Bankruptcy discharged in Jan 09 chapter 7 can no longer afford to pay 2nd mtg due to change in income. Can my 2nd mtg forclose?

    Answered almost 5 years ago.

    1. Kenneth E Lenz
    2. Theodore Lyons Araujo
    3. Marc Gregory Wagman
    4. Mitchell Paul Goldstein
    4 lawyer answers

    As both of the previous lawyers have stated--and I agree--the second mortgage lender MAY foreclose, but it cannot enforce or collect a deficiency against you, because of your bankruptcy. Second mortgage lenders have pretty much given up on foreclosing on their mortgages in this depressed market. They just sit back and wait for borrowers to try to sell. If you are interested in keeping the house and perhaps creating some equity for yourself, you may want to apply for a modification with the...

    1 lawyer agreed with this answer

  10. Ex filing chapter 7 bankruptcy in Connecticut. Does this affect back and current child support, including garnishment?

    Answered over 4 years ago.

    1. Kenneth E Lenz
    2. Kerry G. Patton
    3. Melanie MacMichael Butler
    4. Mark Markus
    4 lawyer answers

    The reason you received a notice on the ex's bankruptcy filing is because the statute requires it, but his domestic support obligations (DSO) are not discharged in bankruptcy. I disagree with an earlier post that suggests you have to file for relief from stay, since the bankruptcy stay specifically does not apply to DSO. If you have a contempt action or similar action going against him in family support court, you might need to file a motion to lift the stay. You may want to look at his...

    1 person marked this answer as helpful

203-891-9800