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Alan S Dambrov

Alan Dambrov’s Answers

290 total


  • Could our Chapter 13 case be dismissed over this?

    My wife changed jobs over a year ago. When she left, she decided to cash out the 401k plan she had there instead of rolling it over. It was abit over $4k after taxes. No debts were incurred from it. She never called our attorney's office about it ...

    Alan’s Answer

    Attorney Caldwell covered the basics. The rule that everyone should know, understand and follow is "Disclose, disclose, disclose!" Hopefully you have a lawyer to whom you can make your disclosure and get advice about your options. Definitely need a lawyer to figure out all the variables and give you advice.

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  • Is there any way to remove my name from a co-signed student loan? Do I have any options to avoid my credit from being ruined?

    I co-signed a student loan with my ex-boyfriend a few years ago. Sallie Mae promised to remove my name after 2 yrs of on-time payments, which I made sure of in the beginning of the loan. Then we broke up, and he has remarried since. He continues ...

    Alan’s Answer

    I don't mean to beat on you, but one of the definitions of a cos8gnor is: " A fool with a pen." Once you signed, you became fully liable. Two issues need to be addressed from your description: One, is the commitment from Sallie Mae contained in any writing, either the contract or a letter given to induce you to sigh. Only a thorough review of all of the documents can reveal the answer. Second, just how much money is involved? You seen to suggest that you have not had to make any payments. If true, you should send a letter to the 3 credit reporting services explaining that you were not the beneficiary nor the primary obligor on the loans. Yes there are things you can do, but they require either legal proceedings or the cooperation of your ex to refinance the obligation which would get you off the hook. Refinance is probably unlikely. Legal proceedings can be expensive. You may be best served by toughing it out as long as he continues to pay, however slowly. Good Luck.

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  • I have paid on bk13 for 4 year, my mother will give me the money to pay early, can I file without my attorney?

    If I have an attorney, can I do a motion on my own without the extra expense to the attorney?

    Alan’s Answer

    Other than the possible gift from your mother, you do not give a reason for wanting to pay early. It is very rare that the situation calls for early pay-out. Given that you have been successful for 4 years you should just stay the course and get your discharge. If there is some strong reason to payout early, you must consult with a ch 13 attorney to review your options. Otherwise, I agree with the previous posts.

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  • I would like to sue someone who borrowed about $4300 from me. The person has blocked any attempts I've made to get money back

    I love in a different state. I have bank records and cc records showing that Proof

    Alan’s Answer

    Generally the best route is to file a small claims complaint. In CT you can contact the Centralized Small Claims Office at 80 Washington Street, Hartford, CT 06106, tel (860) 756-7800 or toll free in CT (866) 383-5927. However, you can only sue an out of state person if they own property in CT. You should contact the small claims court where the debtor lives to get their procedure. The other option would be to try to find a consumer collection attorney where the debtor lives. Good Luck.

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  • Are there any exceptions to the 910 (auto) cram-down rule if the vehicle was purchased for my wife, a non-debtor?

    Purchased Equinox 3-6-13 and filed chapter 13 6-23-15. Not quite 910 days. But I have another vehicle listed on schedules that was individually purchased for me and by me. The vehicle in question was purchased for my wife with me as the primary an...

    Alan’s Answer

    Attorneys Gambrell and Caldwell have given solid advice and you should follow up with an attorney consultation to review your options. It is very difficult to answer a one dimensional question in the chapter 13 process. Furthermore, you do not discuss why only you filed. It is possible that you may want to dismiss and start over with a joint filing to get complete relief. It is rarely an actual net out of pocket cost to hire an attorney in ch 13 because much the fees can be paid out of the payments to the trustee. Good Luck.

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  • REFILING CHAPTER 13 AND MECHANIC LEINA

    Hi.. I am refilimg my chapter 13 and I have a bill for $900 I will be adding.. My question is if I put this bill on my chapter 13 (which I have to do) can the merchant then put a mechanics lein on my landlords property to get their money faster? Ty

    Alan’s Answer

    You need to discuss with a NJ attorney. Mechanic's lien are a creation of State law. It is my understanding that in some states, the lien is impressed on the property even if there is no contract with the owner. Talk to someone who will the law in NJ and how it will interact with bankruptcy. I agree with the others that you have to consult an attorney before trying to file a ch 13. Good Luck.

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  • REFINANCING MORTGAGE AFTER CHAPTER 13 DISCHARGE

    We have completed our Chapter 13, and are awaiting the discharge papers. We have a mortgage at 7.10% interest rate and would like to try and refinance. How long do we have to wait to try this? And can anyone recommend where to start looking? I...

    Alan’s Answer

    Everything Atty Gambrell has said is correct. In Connecticut I have worked with some reputable mortgage brokers who have access to lenders who might give you a loan. If IN has mortgage brokers, try to get information about the reputable ones and call them. There are also Federal and State Programs that can provide counseling and options. By shopping around, you can get an idea of what parameters you need to meet to qualify for a new loan. Just be careful not make too many applications for credit because they can affect your credit score.

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  • Can I file a new chapter 13 plan to include my rent in arrears?

    I owe pre-petition rent on my child care business premises. I had a "gentleman's agreement from the landlord that if I made extra payments on the arrears ($13,000) I could continue to stay. but the landlord has now recanted and wants his money bec...

    Alan’s Answer

    You don't fully understand your situation. For example you say the landlord recanted, but admit that you did not make the agreed payments. It appears that you are proceeding without an attorney. Big mistake. Getting an attorney in a chapter 13 is usually cost effective. Only some one familiar with local practice and all of your circumstances can help you sort thru your options. My first thought is why do need to stay in the same location? Consult an experienced bankruptcy lawyer for your own good.

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  • Have filed and recivied judgement against contractor who did not do contracted work.

    Signed contract with contractor(4/27/11) and paid for work that was never done (roof replacement). contractor filed and recivied chapter 13 bankruptcy, I was not part of bankruptcy. He has admitted to contract and debt, and has been served letter ...

    Alan’s Answer

    Mr. Elie has given you guidance about the bankruptcy process and your need to clarify with a bankruptcy lawyer. Additionally, many states have a fund to reimburse consumers from losses caused by contractors. There are usually rules that have to be timely followed. You could try calling them to see if your state has such a fund and if you qualify. Good Luck.

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  • Do I need a bankruptcy lawyer to help me recover money that was take from a legal order lts?

    I been thinking of doing bankruptcy but never went through. Today I saw my bank account and it was down 5k from a legal order lts, only left $1500. I go through bankruptcy any chance I recover the 5k?

    Alan’s Answer

    Mr. Gambrell is correct. CT does allow the Federal Exemptions. Bankruptcy might offer a way to recover the $5000 but it depends on several other factors, including all of your assets, your debts, your income, your expenses, etc. Any one trying to give you advice without knowing all of your circumstances would be just guessing. Given that you are in enough trouble to have your bank account attached, you should consider consulting a bankruptcy attorney who can look at all of the facts. Good Luck.

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