Karina Pia Lucid Esq.’s Answers

Karina Pia Lucid Esq.

Liberty Corner Bankruptcy Attorney.

Contributor Level 10
  1. How many alternative addresses for creditors can you list on a chapter 7 Bankruptcy?

    Answered almost 2 years ago.

    1. James W. Zerillo
    2. Karina Pia Lucid Esq.
    3. Robert A. Stumpf
    4. Peter Walter Weston
    5. Jon G. Brooks
    6. ···
    6 lawyer answers

    I will only add that, since there is a series of questions all from Paterson NJ, I expect there is a fair chance they are all from the same asker and I cannot emphasize enough that you really need to consult an experienced attorney. There are so many issues an experienced eye can resolve with ease that you may well completely overlook for no reason other than lack of experience. What you miss could end up being grounds for dismissal of your case, or the basis of a fraudulent transfer action,...

    13 lawyers agreed with this answer

  2. How long does it usually take for a chapter 7 bankruptcy ? from filing to finish, if no complications?

    Answered almost 2 years ago.

    1. Karina Pia Lucid Esq.
    2. Peter Walter Weston
    3. Andrew Daniel Myers
    4. Robert A. Stumpf
    5. Stuart M Nachbar
    6. ···
    6 lawyer answers

    The timeline is the same in NJ. 20-40 days after you file, you have to meet with the trustee appointed to your case. If there are no issues, after about 60 days, the trustee files any appropriate notices of abandonment regarding the debtor's property. Another 30 days, to allow time for creditors to object (which they ordinarily have no grounds to do - assuming you filed everything properly and made all necessary disclosures to the trustee), and then the trustee will file a Notice of No...

    9 lawyers agreed with this answer

  3. Filing for Chapter 7 while living abroad

    Answered over 2 years ago.

    1. Karina Pia Lucid Esq.
    2. Christopher James Baum
    3. John F Newman
    3 lawyer answers

    As far as where you can file - if and when you do so: You must be domiciled in the jurisdiction where you file within at least 6 months (180 days) of the filing. If your NJ home is your primary residence, that is the information used to determine where you can file. Your bank accounts- of any kind - are not relevant to that inquiry. If you keep the house as long as you can, i.e. through the foreclosure process, that will extend the time that your are eligible to file in NJ. If you take...

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  4. Mortage was not reaffirmed in bankruptcy. served with foreclosure summons. Do we have to reply if not contesting? NJ

    Answered over 2 years ago.

    1. Karina Pia Lucid Esq.
    2. Alan D. Walton
    3. Eric Charles Lewis
    3 lawyer answers

    As my peers have indicated, you probably have no need to answer the foreclosure compliant. If you filed a chapter 7 case and received your discharge without reaffirming the mortgage you are not liable for the deficiency and you can stay in the house as long as you need to - at least until the foreclosure is completed and the property goes to a sheriff's sale. The foreclosure process takes well over 18 months in NJ. You should not be worried about the complaint or the foreclosure imminently,...

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  5. Notice of ch7 proposed property abandonment has been filed by a debtor that stole my id. i have JUDGMENTS AGAINST ME from that

    Answered 6 months ago.

    1. Jonathan Stone
    2. Karina Pia Lucid Esq.
    3. Scott Benjamin Riddle
    4. Richard D. Granvold
    5. Shaye Larkin
    6. ···
    6 lawyer answers

    When I saw your post I jumped on to say exactly the same thing that Mr. Stone had said. He is absolutely right. This is extremely time sensitive and too complext to take on by yourself. You can go to NACBA's attorney referral website to find a good bankruptcy attorney near you. Good luck!

    7 lawyers agreed with this answer

  6. If forced to defend a fraudulent chapter 13 bankruptcy case filed by my ex-husband, am I entitled to recoup my legal fees?

    Answered 8 months ago.

    1. Karina Pia Lucid Esq.
    2. Jonathan Stone
    3. Michael J Corbin
    4. Scott Benjamin Riddle
    4 lawyer answers

    If the chapter 13 was dismissed on the basis of it being a bad faith filing there would be a chance for you to request that the court order him to reimburse your fees. If it was a bad faith filing, which would generally mean that the Judge found that the petition was filed for an improper purpose such as to hinder, delay, harass or defraud creditors, there might have been a non-dischargeability determination as well. If this is the case, there is a greater likelihood that there would have...

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  7. Can a chapter 13 trustee take my personal injury settlement if the chapter 13 was filed years before the settlement came ?

    Answered over 1 year ago.

    1. Karina Pia Lucid Esq.
    2. Michael S Schwartzberg
    3. Scott Benjamin Riddle
    4. Bruce C Truesdale
    5. Christian K. Lassen II
    6. ···
    7 lawyer answers

    First, if the accident occurred more than 6 months after you filed your chapter 13 case, you shoudl not have to share the proceeds with your pre-petition creditors adn the trustee would not have the right to assert an interst in the proceeds. Second, if it is a pre-petition injury and you are just getting your settlement now, you may be obligated to share some of th eproceeds with your pre-petition creditors. There is an exemption that would entitle you to keep the first $20,200 of a...

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Chapter 7 bankruptcy

    Answered almost 2 years ago.

    1. Karina Pia Lucid Esq.
    2. Robert A. Stumpf
    3. Barry Wayne Davidson
    4. Deborah F Bowinski
    4 lawyer answers

    Mr. Stumpf has proposed a very practical and intelligent approach. Call the chapter 7 trustee appointed to your case. Advise him/her that you have received the refund. If the right to receive the refund did not arise until after the chapter 7 was filed, then you will not be required to amend your schedules. There are certain kinds of post-petition assets, such as inheritance, that may have to be included in your chapter 7 case even if they arise after the petition date. (6 months after the...

    6 lawyers agreed with this answer

  9. I have an outstanding medical bill which i can't afford to pay, is bankruptcy my only option

    Answered 8 months ago.

    1. Karina Pia Lucid Esq.
    2. Ivan Raevski
    3. Jonathan Stone
    4. Robert J Adams Jr.
    4 lawyer answers

    No. Your 401k is a protected asset. There is a lot more to this. You may have unprotected assets you have not disclosed here. You should meet with a local bankrputcy attorney and get an opinion after discussing your complete financial picture. Check on NACBA's attorney finder site if you don't find someone on AVVO That you are comfortable with.

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  10. Auto Loan

    Answered about 2 years ago.

    1. Karina Pia Lucid Esq.
    2. James Portman Webster
    3. Mitchell Paul Goldstein
    4. Christopher Daniel Leroi
    4 lawyer answers

    Were the tow and storage fees incurred before or after you filed your bankruptcy petition? If it was pre-petition, or before you filed, it was/is a dischargeable debt and, assuming you filed a "no asset" chapter 7 case, and you are not liable. If it was a post-petition event, you will be liable but you may also have a basis for a complaint against the company that ordered the tow. If that is the case, you should consult an attorney. Also, if it was a post-petition event, did the bank have...

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