Bruce H. Levitt’s Answers

Bruce H. Levitt

South Orange Bankruptcy Attorney.

Contributor Level 6
  1. I'm looking for a lawyer/representation

    Answered about 1 year ago.

    1. Marc Charles Capone
    2. Bruce H. Levitt
    3. Richard E Weltman
    4. J. Thomas Smith Ph.D.
    4 lawyer answers

    I agree with the last post. Not all tax debts can be wiped out in a bankruptcy. Much more information is necessary in order to figure out if your taxes are dischargeable. Feel free to give me a call at 973-313-1200. I have over 30 years of experiencing helping people like you get a bankruptcy fresh start.

    9 lawyers agreed with this answer

  2. No asset case - but my income is 100K. 50K credit card debt, two loans against my pension (6K), and 150K student debt. What is

    Answered 6 months ago.

    1. Bruce C Truesdale
    2. Roy A. Praver
    3. Scott Benjamin Riddle
    4. Hermin A. Dowe
    5. Aniello David Cerreto
    6. ···
    9 lawyer answers

    No one can answer your question without running a means test. There are many factors that go into it such as household size, secured debts your are paying, payroll deductions, etc. You should sit down with an experienced bankruptcy lawyer and prove him or her with your last six months of pay stubs and proof of other income (if your are married for your wife also). Only then can your questions be answered.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. I would like to convert my Chapter 13 to Chapter 7 due to loss of income. How do I qualify?

    Answered 12 months ago.

    1. Bruce C Truesdale
    2. Bruce H. Levitt
    3. Karina Pia Lucid Esq.
    4. Scott Benjamin Riddle
    5. Aaron Matthew Tomczak
    6. ···
    6 lawyer answers

    As the other lawyers who posted have indicated, there is more to the issue of converting your case than just your income. If your lawyer is not willing to consider these other factors, you should look elsewhere.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. I filed bankruptcy 10 years ago and did not reaffirm my mortgage. Can my lender refuses to modify my mortgage because of that?

    Answered 6 months ago.

    1. Michael S Schwartzberg
    2. Bruce C Truesdale
    3. Bruce H. Levitt
    4. Derek R. Caldwell
    4 lawyer answers

    The HAMP guidelines are clear that a reaffirmation is not required in order to obtain a modification after a bankruptcy. I never allow my clients to reaffirm a mortgage debt and have gotten many loans modified after a bankruptcy.That being said, FHA will not modify a mortgage without a reaffirmation and they seem to get away with it. You should contact a lawyer with experience with mortgage modifications.

    5 lawyers agreed with this answer

  5. Financial planner ex spouse seeking chap 13 to avoid alimony and past arrearages over 20K - is this legal?

    Answered 7 months ago.

    1. Bruce H. Levitt
    2. Blake Owen Brewer
    3. Brett D Weiss
    4. Andrew A Bestafka
    5. Jonathan Stone
    5 lawyer answers

    Alimony and support are considered "Domestic Support Obligations" under the bankruptcy code. In a Chapter 13 a debtor may sometimes discharge other types of marital debts (i.e. equitable distribution). If your ex wanted to discharge the debt to you he would have listed you. He is obviously trying to pay other creditors in a Chapter 13 while avoiding payments to you. This can all be challenged. You must retain an experienced bankruptcy lawyer. Domestic Support Obligations are a first...

    Selected as best answer

  6. Not sure how unique this is. BOA offered a modification trial for 3 months.

    Answered 9 months ago.

    1. Madeline L Houston
    2. Bruce H. Levitt
    3. Matthew Scott Berkus
    3 lawyer answers

    There is something called a Qualified Written Request that can be sent to Green Tree requesting, among other things, an accounting of your mortgage account back to the beginning. By the way, your situation is not unusual. Equally outrageous is the $25,000 in legal fees for a modification. You really should consult with a lawyer to find out your rights.

    3 lawyers agreed with this answer

  7. After Filing Chapter 7 Bankruptcy, instead of a date for meeting of creditors, the vcis states that awaiting discharge

    Answered 11 months ago.

    1. Geraldene Sherr Duswalt
    2. Malik W. Ahmad
    3. Bruce H. Levitt
    4. Marc Gregory Wagman
    4 lawyer answers

    VCIS is not the official court docket. You will be assigned a Trustee and a date for the meeting of creditors. You should consult the lawyer who filed the case for you. If you are pro se, you can always go down to the court to check the docket.

    3 lawyers agreed with this answer

  8. I am considering returning my vehicle which I can no longer afford the payments and then filing for bankruptcy.

    Answered over 1 year ago.

    1. Robert N Braverman
    2. Bruce H. Levitt
    3. Steven R. Neuner
    4. Jay Steven Lowenthal
    5. Diane L Gruber
    5 lawyer answers

    You can file for Chapter 7 bankruptcy so long as you meet the income requirements. Most of your debt will be wiped out. There is a chance that the overpayment and student loans will survive. You might want to wait to turn in the car until after the bankruptcy. You will still be able to surrender it and avoid any claim resulting from the return, but waiting will allow you to continue to use the car (without paying for it) for a little longer. Feel free to contact me if you would like more...

    3 lawyers agreed with this answer

  9. Bankruptcy and Child Support

    Answered over 1 year ago.

    1. Dorothy G Bunce
    2. Peter Joseph Lamont
    3. Ronald Glenn Lieberman
    4. Robert N Braverman
    5. Bruce H. Levitt
    5 lawyer answers

    Child support is considered income. It is not subject to execution outside of bankruptcy. In bankruptcy you do not need to worry about creditors taking it. Among the reasons to file is to protect against creditors taking action against you. Post-bankruptcy child support cannot be taken by a bankruptcy trustee. In short, bankruptcy will protect your child support.

    3 lawyers agreed with this answer

  10. I am wondering what is the best advice for my sister regarding her current situation.Should she declare bankruptcy of some sort?

    Answered 6 months ago.

    1. Bruce H. Levitt
    2. Joseph Franklin Pippen Jr.
    3. Dorothy G Bunce
    3 lawyer answers

    Your sister should consult with a bankruptcy lawyer. Most offer free consultations. If she wants to keep her home, she is most likely making a mistake by paying the credit cards. She can try to get a loan modification after a Chapter 7 bankruptcy or during a Chapter 13 bankruptcy. She does have options, but they will become more limited over time.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

Contact Levitt and Slafkes to schedule a FREE Consultation.

973-313-1200