Michael L Detzky’s Answers

Michael L Detzky

Freehold Bankruptcy Attorney.

Contributor Level 14
  1. Quickest way to voluntarily withdraw from BK13?

    Answered almost 2 years ago.

    1. Derek R. Caldwell
    2. Marc Gregory Wagman
    3. Michael L Detzky
    4. Michael A. Goldstein
    4 lawyer answers

    Under Section 1307 of the Bankruptcy Code you have an absolute right to dismiss your Chapter 13 case so long as it has not previously been convereted from a Chapter 7. Good Luck

    11 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Do i need to file an I-130 before filing I-601 even though I know My husband will be denied the visa?

    Answered over 1 year ago.

    1. Michael L Detzky
    2. Irene Vaisman
    3. Stephen D. Berman
    4. Angelica Navarrosigala
    5. Ann Elizabeth Block
    5 lawyer answers

    All family based cases require that an I-130 Petition be filed. Since your husband is NOT presently in the US he is not eligible for adjustment of status and thus, no I-485 would be filed. Rather he would consular process and since he accrued more than one year of unlawful presence in the US would need to alos file an I-601 to obtain a waiver.

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  3. What is the difference between an attorney and a lawyer?

    Answered about 1 year ago.

    1. Michael L Detzky
    2. Robert M. Gardner Jr.
    3. Charles Adam Shultz
    4. Michael Charles Doland
    4 lawyer answers

    Terms are used interchangeably. Technically, anyone who has graduated from law school is a "Lawyer" but only those lawyers who has also passed a State Bar exam can be called an "Attorney" and practice before the courts.

    8 lawyers agreed with this answer

    4 people marked this answer as helpful

  4. I am surrendering my car that is being financed. I got into a small accident last year before filling bankruptcy. Should I

    Answered about 2 months ago.

    1. Michael L Detzky
    2. Brian Christopher Fetzko
    3. Shelley Ann Elder
    4. Richard E Weltman
    5. Brett D Weiss
    5 lawyer answers

    If you return the vehicle as is before filing your bankruptcy case, the claim that the finance company will have against you should be dischargable.

    8 lawyers agreed with this answer

  5. Can this statement on a contract allow the person who drew it up to wiggle out of the terms we agreed on?

    Answered about 1 year ago.

    1. Michael L Detzky
    2. Peter Joseph Lamont
    3. Frank A. Natoli
    3 lawyer answers

    No. That's simply a "boiler plate" paragraph that means that if a Court should find that one provision of the contract is invalid or illegal, such as an agreement to discriminate against a person or group on account of race, religion, etc., it would not affect the validity of the entire agreement.

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  6. I have filed for bankruptcy. I was in the middle of a civil lawsuit. Who needs to notify the Court?

    Answered 23 days ago.

    1. Michael L Detzky
    2. Stuart Gregory Steingraber
    3. Dorothy G Bunce
    4. Wade M. Pittman
    5. Richard Gaines Heston
    6. ···
    8 lawyer answers

    Either your bankruptcy attorney or the attorney who was representing you in the civil matter should immediately notify the civil court and advise them of the filing.

    9 lawyers agreed with this answer

  7. Chapter 7 Trustee, submitted a letter Brief in reply to my Motion , complete LIE. What is the punishment of Lying ?

    Answered almost 2 years ago.

    1. Michael L Detzky
    2. Gregory Howard Wiley
    3. Robert Edward Tardif Jr.
    4. Stephen M Trezza
    4 lawyer answers

    In 34 years of practicing law I have learned that there are sedldom outright black lies, but merely different shades of gray. The "Truth" will ultimately be decided by the Judge as the trier of facts. If the Judge determines that a party has deliberately misrepresented or concealed the facts, snactions may be in order.

    Selected as best answer

  8. I am a us citizen living in the us what can I do to bring my wife to the us

    Answered about 1 year ago.

    1. Michael L Detzky
    2. Steven Sahag Vosbikian
    3. Eric M. Mark
    4. J Charles Ferrari
    5. Dana Roxana Bucin
    6. ···
    8 lawyer answers

    You should consult with an experienced immigration attorney. There are at least three options to have you reunited with your wife in the United States. (1) File an I-130 Petition for Alien Spouse with the USCIS; then have your wife consular process her visa application at the US Consulate in her home country; (2) If possible, have her enter the US on a non-immigrant B-2 Visa or, f applicable, visa waiver and then File the I-130 together with an Application to Adjust her status to lawful...

    7 lawyers agreed with this answer

  9. Can judge make me surrender my home in chapter 7 BK

    Answered almost 2 years ago.

    1. Peter Walter Weston
    2. Kathryn Ursula Tokarska
    3. Dorothy G Bunce
    4. Michael L Detzky
    5. Henry Repay
    6. ···
    9 lawyer answers

    It is unlikely that a Chapter 7 Bankruptcy will have any wffect whatsoever on your home, negative or positive. Since there is no equity in your home it is likely that the Chapter 7 Trustee will abandon his interest in the property and the secured creditor, after makeing a motion for relief from the automatic stat of the Bankrupcy will be able to start or resume it's State Court foreclosure action. So it wont't be the Banktuptcy Judge tha forces a sale but the State Judge in a foreclosure action.

    8 lawyers agreed with this answer

  10. I was charged with leaving and seen the accident. A friend tells me I can downgrade to "zero" points. He says "obstructive

    Answered about 1 year ago.

    1. Vikrant Kishin Advani
    2. Anthony J Van Zwaren
    3. Jeffrey Anthony Skiendziul
    4. Scott C. Buerkle
    5. Yolanda Navarrete
    6. ···
    8 lawyer answers

    Snowballs chance in hell.

    Selected as best answer

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