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Julio E Portilla
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Julio Portilla’s Answers

11 total


  • Are we a secured creditor ? we are the PL. Def filed for chp11 Bkrptcy. We filed a lien 9 mnth ago. now they call for crdtr meet

    bankruptcy chapter 11. PLz donot advice to hire an attorney . Does a mechanical lien make us a secured creditor ?what do we need to do with the lawsuit.

    Julio’s Answer

    You need to hire an attorney. A chapter 11 case is very complex and whether a lien is secured or unsecured or even valid or invalid in a bankruptcy context involves too many variables.

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  • How do you know what is considered contempt of court?

    I previously had a court settlement and there are things written under "notes" in the proceedings paper. If one was to go against these notes, is this considered contempt of court?

    Julio’s Answer

    If your violating a Court ORDER then you can be held in contempt. Contempt of Court is an act of disobedience or disregard of a court ORDER.

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  • Are sales tax dischargable in bankruptcy?

    I was hit with a huge bill for sales taxes many years ago. If I file chapter 7, can I discharge these?

    Julio’s Answer

    In NY Sales Tax are not dischargeable. Sales tax are considered trust funds in favor of the government. These are taxes you collect from the purchaser and hold in trust to pay the state.

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  • Bankruptcy chap 11, def filed chap 11 2 wk ago, I filed a lien 9 month ago- am I a secured cridtor? how can I get a relief ?

    amount 27K

    Julio’s Answer

    I suggest to hire local counsel who is experienced in handling chapter 11 bankruptcies. Your question is loaded with potential complexities plus add the fact it involves a chapter 11 filing, you will better served by retaining counsel.

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  • Does filing for chapter 7 bankruptcy eliminate a housing court judgement/eviction from my credit report?

    due to a recent housing court judgement and now being black-listed, it is nearly impossible to find a new apartment. i'm wondering if filing for bankruptcy would help... or would it still show up on the credit report or background check?

    Julio’s Answer

    Filing for relief under Chapter 7 enables a person to eliminate debt and void any further personal liability on that debt. It does not however erase, eliminate, or dispute any items that are listed on your credit report. You will have to contact the major credit bureaus ( i.e. transunion, equifax and experian) in writing to remove or eliminate any items that appear on your credit report. Good luck.

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  • What constitutes intrinsic fraud OR extrinsic fraud?Debtor in chapter 13 bankruptcy

    It would really help if some one gives me examples of intrinsic fraud as opposed to extrinsic fraud.Is it also true that in cases of extrinsic fraud rooker feldman does not apply? bankruptcy case--state court foreclosure judgement is in favor of p...

    Julio’s Answer

    I agree with everyone here. This seems very complex and you should consider retaining a well seasoned bankruptcy attorney who is familiar with Chapter 13 cases.

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  • Is the burden upon the Creditor to prove misuse, fraud or running up a credit card, when objecting a bankruptcy discharge?

    Chapter 7 or Chapter 13 Bankruptcy. For personal credit card debt only.

    Julio’s Answer

    Yes, the burden of proof is on the Creditor and its based upon a preponderance of evidence. There is a presumption that a credit card is an unsecured non-priority dischargeable debt until proving otherwise.

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  • Can I sell my home after being discharged from a chapt. 7,if I have equity that was protected from exemptions?

    I owe $120k on the home, but have been offered $143k for the home. It would be sold privately, so there would be no realtor fees. I just want to make sure I can use the $23k for myself to get a fresh start. I would be renting, and would use it ...

    Julio’s Answer

    I would first contact your attorney to make sure the equity of $23,000 was exempted in your case. If so, the 23K is yours to keep since the trustee will abandon the property.

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  • After filing for bankruptcy chapter 7, what are the chances of getting approved for school loans for graduate school?

    Currently have an outstanding loan with Great Lakes –Student Loan Company and Sally Mae was paid by the bankruptcy bureau

    Julio’s Answer

    Generally speaking, a bankruptcy should have no impact on your eligibility for federal loans. Private loans, however, are an entirely different matter. A bankruptcy may have an impact on eligibility for private loan programs, including some school loan programs. Many private loan programs have credit criteria that preclude people with a bankruptcy within the past 7 or 10 years from borrowing without a creditworthy cosigner. There are, however, exceptions if the bankruptcy was initiated for reasons beyond the borrower's control, such as extraordinary medical costs, natural disasters, or other extenuating circumstances.

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  • Customer cancelled contract after we filed chapter 11. Is this OK?

    I own a small company which filed a chapter 11. We had a customer who was under contract to buy some product from us. Right after we filed, the customer wrote saying that because we filed, the customer was cancelling the contract and would not b...

    Julio’s Answer

    The Bankruptcy Code allows a debtor-in-possession to either assume or reject an executory contract. Moreover, ipso facto clauses that purport to terminate a contract upon the debtor's filing for bankruptcy merely because of that filing are void as against public policy.

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