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Alan S Dambrov

Alan Dambrov’s Answers

287 total


  • 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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  • We are being sued for $ 20.000 could we file for bankruptcy so we do not lose our home or property /

    We had work done to our house. basement windows and belco door replaced . When I lost my job and our house went upside down like everyone else. GE wanted full payment and we could not pay them off. So the put a lean on our house. Now we were info...

    Alan’s Answer

    Ms. Bunce is technically correct but you may not understand your situation. You should have a CT attorney review your circumstances to help you see what options might be available to you. There are courses of action that might be beneficial to you. Good Luck.

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  • We filed chapter 13 bankrupcy we put the Harley Davidson on it but they never took it we still have it but no title what to do

    Discharged and will be 10 years in November 2015

    Alan’s Answer

    As a rider and 'ride captain' I feel your pain. You will have to deal with HD or abandon the bike. So long as HD has the title and is listed as lienholder with the DMV you will need their co-operation to get a new title. If the registration is current and you want to use the ride, go ahead. Technically, they have a lien on the bike and now have the right to repossess but probably won't unless you have customized and made it valuable. If you don't want the bike, I would suggest that you take it to a HD dealer and leave it with them. Give them a copy of the title. Take your plate and turn it into DMV. Do not allow anyone else to use it while it is registered to you. Good Luck.

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  • Chapter 13 bankruptcy wants some of my husbands workers comp settlement

    We filed chapter 13 bankruptcy about 4 years ago. We are still paying. I'm disabled and my husband got very ill from the paint on his job it affected his liver. He just got a settlement approved and now the bankruptcy trustee wants some of that mo...

    Alan’s Answer

    Attorney Caldwell has summed up the issue on Worker's Comp. There are options that might help you such as a hardship discharge, converting to ch 7, dismissing the case, or continuing on. Only someone familiar with all of your financial circumstances can give you guidance. Talk to your lawyer, if you don't feel confident with the response, talk to another lawyer. In either event you can expect to have to pay for the new consultation. I assume that the Worker's Comp issue was not around when you filed. Good Luck.

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