Robert N Braverman’s Answers

Robert N Braverman

Cherry Hill Bankruptcy Attorney.

Contributor Level 11
  1. I filed for bankruptcy Chapter 13 in 2007, 2008 and 2009. All of them were dismissed for various reasons. I now need to file

    Answered 10 months ago.

    1. Robert N Braverman
    2. Shelley Ann Elder
    3. Richard Glenn Elie
    4. Steven Marlow Palmer
    5. Sandra A Kuhn Esq.
    6. ···
    6 lawyer answers

    As a general rule, you are not prohibited from refiling. However, your case will be scrutinized to make sure the filing is in good faith. You should consult an experience bankruptcy attorney.

    11 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Can a lien (second mortgage) be stripped in Chapter 7 in New Jersey? If only in Chapter 13, does it require a motion or ..

    Answered over 1 year ago.

    1. Robert N Braverman
    2. Kevin B. Zazzera
    3. Steven A. Serna
    4. Scott Jonathan Goldstein
    5. Chang Liu
    6. ···
    7 lawyer answers

    A second mortgage can only be stripped in NJ in a chapter 13. It is generally done as a motion incorporated into the Chapter 13 plan. There is not a requirement that a certified appraiser be used, but if motion is challenged by second mortgage, that would be better if the matter was litigated.

    11 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Separation of bankruptcy claim into part secured and part unsecured.

    Answered over 2 years ago.

    1. Robert N Braverman
    2. Bruce C Truesdale
    3. Walter C Oney Jr
    3 lawyer answers

    No, that is incorrect. As a general rule, you are required to pay any mortgage secured by your home in full. There is an exception in the situation where the house is worth less than the balance on the first mortgage. In that situation, you can eliminate the second mortgage. There must be seperate notice served on the second mortgage. If there is even one dollar of equity, and no other collateral for the loan other than the house, you still owe the second mortgage in full.

    9 lawyers agreed with this answer

  4. Surrendering rental property in a Chapter 13 Bankruptcy Plan

    Answered 4 months ago.

    1. Robert N Braverman
    2. Stephen M. Dunne
    3. Waymon S. Harrell
    4. Richard Glenn Elie
    5. Steven R. Neuner
    6. ···
    6 lawyer answers

    As a general rule, you can avoid liability on a deficiency judgment through a bankruptcy. However, various factors which are considered in all bankruptcies, not just those involving deficiency judgments, like nonexempt equity in assets and income compared to expenses, could impact whether you would need to pay anything in your particular case. I would suggest you consult with an experience bankruptcy attorney

    8 lawyers agreed with this answer

  5. Can I contest a foreclosure complaint after filing Chapter 7 Bankruptcy?

    Answered about 2 years ago.

    1. Bruce C Truesdale
    2. Robert N Braverman
    3. Marc Charles Capone
    4. Steven R. Neuner
    5. John P Fazzio III
    5 lawyer answers

    You would still have the right to defend the foreclosure action. The impact of the bankruptcy will depend on various factors such as whether there is equity in the property. You may have other options, such as addressing the arrears in a chapter 13 or attempting a mortgage modification

    7 lawyers agreed with this answer

  6. CAN I PUT MY HOUSE UNDER BANKRUPTCY

    Answered over 2 years ago.

    1. Robert N Braverman
    2. Ivan Raevski
    3. Dorothy G Bunce
    4. Jillian K Aylward
    5. Robert H Johnson
    6. ···
    6 lawyer answers

    You can generally keep your home in a bankruptcy, but not eliminate your obligation to make mortgage payments. In certain circumstances you can eliminate your second mortgage. You may also be able to do a mortgage modification. You should consult an attorney

    7 lawyers agreed with this answer

  7. Philadelphia Bankruptcy Lawyers - Reaffirmation Agreement in Chapter 7

    Answered over 1 year ago.

    1. Robert N Braverman
    2. Christopher C. Carr
    3. Jacques H. Geisenberger Jr.
    4. Christian Andrew DiCicco
    4 lawyer answers

    The bankruptcy code requires the Judge to make sure you personally understand the impact of reaffirming your debt. If your budget reflects that you do not have sufficient income to make the payments, she will want an explanation as to how payments are to be made. In this circumstance, the lawyer is not involved other than initially explaining to you since court inquires into your understanding

    6 lawyers agreed with this answer

  8. Filing Taxes and Bankruptcy

    Answered about 2 years ago.

    1. Robert N Braverman
    2. Marc Charles Capone
    3. Matthew Scott Berkus
    4. Steven R. Neuner
    5. Scott Benjamin Riddle
    6. ···
    7 lawyer answers

    It will not make a difference. Any refund will still be an asset even if return has not been filed. However, depending on your circumstances, you may have sufficient exemptions to protect the refund. You should consult an attorney

    6 lawyers agreed with this answer

  9. I have out $17k of equity in my home. Is that enough for the trustee to want to take it and sell it in a Chapter 7?

    Answered over 2 years ago.

    1. James V. Monaghan
    2. Stephen M. Dunne
    3. Robert N Braverman
    4. Jacques H. Geisenberger Jr.
    5. Dorothy G Bunce
    6. ···
    6 lawyer answers

    Generally, you would have enough exemptions to protect $17,000.00 in equity. There would still be issues regarding equity in other assets and income compared to expenses, but chapter 7 or 13 would appear to both be options. You should consult an attorney to explore your options.

    6 lawyers agreed with this answer

  10. Chapter 13

    Answered over 2 years ago.

    1. Michael James Duffy
    2. Robert N Braverman
    3. Hermin A. Dowe
    4. John P Fazzio III
    5. Robert H Johnson
    6. ···
    6 lawyer answers

    You can absolutely keep your home in a chapter 13. Often you can reduce or eliminate unsecured debt and address the IRS. Your ability to reduce the IRS claims will depend on a number of factors such as the tax years in question, the type of tax and the collateral available for the tax lien to attach. I believe you should consult with an attorney to determine your options.

    6 lawyers agreed with this answer

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