Alan S Dambrov’s Answers

Alan S Dambrov

Stratford Chapter 7 Bankruptcy Attorney.

Contributor Level 13
  1. In a complex ch 11 bankruptcy, is a trustee always appointed?

    Answered about 2 months ago.

    1. Alan S Dambrov
    2. Michael A. Goldstein
    3. Scott Benjamin Riddle
    4. Douglas Beaton
    5. Michael Christopher Burr
    6. ···
    7 lawyer answers

    While many chapter 11 cases are self administered by the debtor, without a trustee, subject to court oversight, where the management has been charged with fraud, it is more likely that a trustee will be appointed and/or the case converted to chapter 7. Creditors, like yourself, are entitled to form a committee that would have active status in the case. The U.S. Trustee may already have called for a meeting of creditors. Forming a committee is ofter the best way to get accurate information,...

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  2. Can chapter 7 bankruptcy discharge excise taxes owed to the MA DOR?

    Answered 9 months ago.

    1. Alan S Dambrov
    2. Matthew Scott Berkus
    3. Michael A. Goldstein
    4. Douglas Beaton
    4 lawyer answers

    Most experienced consumer bankruptcy attorneys had had experience with the discharge of tax obligations. You should talk to one or more bankruptcy attorneys to determine who you are comfortable with. Part of your problem is that you know how to read the statute but only an experienced practitioner can help you sort out your situation and apply the law. Good luck.

    6 lawyers agreed with this answer

  3. I am trying to file chapter 7, but read in a separate post that if my spouse owns the home we live in, I won't be able to use

    Answered 7 months ago.

    1. Shaye Larkin
    2. Alan S Dambrov
    3. Michael J Tremblay
    4. Brent J Jensen
    4 lawyer answers

    Y0our question cannot be safely answered until someone familiar with the means test knows all of your circumstances. If you are going to hire an attorney, get one sooner rather than later. We frequently have to do some pre bankruptcy planning before a petition can be filed. It should not cost more to get an experienced attorney involved now and to help you sort out these issues.

    4 lawyers agreed with this answer

  4. Foreclosure, Bankruptcy Chapter 7, HOA condo fees, Deficiency Judgement in Connecticut

    Answered 12 months ago.

    1. Alan S Dambrov
    2. Ray Choudhry
    3. Dorothy G Bunce
    3 lawyer answers

    Any taxes or HOA fees that accrued post filing date are your responsibility and were not discharged in the Bankruptcy. To the extent that the Bank paid some or all of those charges, you cannot be liable to the taxing authority or the HOA for charges that have been paid. They are only entitled to collect once. Depending on the documentation, you may be liable to the Bank if it paid those charges. The bottom line is that I always advise my clients to settle the issue of title to their real...

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  5. Am I still liable for taxes and insurance the bank continues to pay after my FHA loan was discharged in Chapter 7 bankruptcy?

    Answered about 1 year ago.

    1. Alan S Dambrov
    2. Sreenivasarao Vepachedu
    3. Helen Huyen Huynh
    3 lawyer answers

    Yes, you are probably liable for all of the charges, not just post discharge but from the beginning if they are past due and there is a lien on your property. As long as title remains in your name, you remain liable for taxes. Insurance is somewhat different. If the bank paid the insurance and or taxes, their claim against you personally was discharged. On of the problems you face is whether to continue paying for insurance, you should at a minimum maintain liability coverage. I generally...

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  6. How long before the I.R.S. and State of North Carolina "pursue" me for past due taxes? Does a bankruptcy filing affect this?

    Answered about 1 year ago.

    1. Alan S Dambrov
    2. Linda Simmons Campbell
    2 lawyer answers

    These are some of the problems that an experienced bankruptcy lawyer sorts out and provides you with an understanding of your alternative. The issues are too complicated to answer simply. If you are not getting guidance from your attorney, it is time to get one familiar with these problems.

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  7. Can a lien for a second mortgage be placed on my home after Chapter 7 bankruptcy?

    Answered over 1 year ago.

    1. Alan S Dambrov
    2. William J Lasko
    3. David Lloyd Merrill
    3 lawyer answers

    Your question raises several questions that require further inquiry before you can be given advice. You state that the debt was discharged. That is a legal conclusion and requires an analysis of your filing papers. If the debt was properly scheduled, the trustee waived any claims, and it was discharged, then the lien was improperly filed and you should ask the lender to remove the lien. If they dispute your conclusion or won't co-operate then you will have to get an attorney and go to court...

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  8. How do i collect a judgement if the defendant stopped paying?

    Answered 3 months ago.

    1. Alan S Dambrov
    2. Christopher D Hite
    3. Brett D Weiss
    3 lawyer answers

    You seem to be doing all the right things. Collection laws generally do no allow you make a person destitute over a civil debt. If the debtor really makes less than $300 per week, you are going to have an uphill battle. You could seek to attach any assets, if there are any, that the debtor owns. You will probably need a lawyer for that and the costs can run up quickly. You don't state how much is owed or the basis for the judgment. Unfortunately for you, some people can not pay their...

    3 lawyers agreed with this answer

  9. Real Estate lien

    Answered 3 months ago.

    1. Gregory A Allen
    2. Heath D. Harte
    3. Alan S Dambrov
    4. Sandra A Kuhn Esq.
    4 lawyer answers

    More facts are needed to give you definitive answers. As others have said, support obligations are not dischargeable. The mortgage, if properly recorded and supported by equity in the property should be enforceable. What is the nature of the lien you recorded? Is there any equity in the property to cover the lien? Does your ex own any other real estate. You could get a copy of his bankruptcy filings from the court and see how he plans to treat you. Knowing all of the facts usually allows...

    3 lawyers agreed with this answer

  10. I have a question about reinstating a loan with a second mortgage attached after claiming chapter 7 in Connecticut

    Answered 10 months ago.

    1. Matthew Scott Berkus
    2. Lamya A Forghany
    3. Alan S Dambrov
    4. Dorothy G Bunce
    5. Robert J Adams Jr.
    5 lawyer answers

    We will need some additional information. Were the mortgages reaffirmed? If not, then your are not personally responsible for the debts. However, it requires a complete review of your assets, debts, income and expenses to give you solid guidance. In answer to one question, the banks will frequently agree to a sale of the property for less than the loan balance if the price is fair given current market conditions. After a professional review, you might have other options available to you....

    3 lawyers agreed with this answer