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Michael Hal Schwartz
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Michael Schwartz’s Answers

978 total


  • To reopen bankruptcy case is there a time limit ?

    If long time has passed, is it too late to reopen bankruptcy case for bankruptcy fraud by bank & mortgage servicer ? Lifting of stay order was in favor of Bank A & same day bank B continued to foreclose house in state court.It definitely is ba...

    Michael’s Answer

    The First issue is how long a time has passed. Second, Has the house been sold in foreclosure?; Third I really do not see the bankruptcy fraud you are referring to unless you believe that the bank should have waited the 10 day period to resume foreclosure, but I don't really see how that has harmed you.

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  • What happens if I leave the country in debt?

    I am an international student and live on scholarship. My income is below 2000 per month. My only asset is a cheap car. I caused a water damage to the apartment two years ago. And I did not have renter's insurance at that time. One lawyer contacte...

    Michael’s Answer

    A debt if reduced to a judgment can be enforced against you in most countries. A debt as large as yours is not likely to go away, nor do I really believe that it can be reduced by 90%. Of course you have nothing to lose by trying to negotiate it. You can also file bankruptcy here or just leave and take your chances.

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  • When does it make sense to file bankruptcy if I was looking to get out from under this debt and what's the cost of doing that?

    I'm divorced with a house my ex and kids live in that's in foreclosure. I have another 4 years on an office lease that I'm joint on with my business partner which costs $4,886 per month I have $10k in credit card debt

    Michael’s Answer

    To properly address your question, you need to provide a lot more information, such as what s your income, do you want to keep the office lease, do you want to save your house from sale in foreclosure and the huge 1099 you will receive? Filing for bankruptcy requires a lot of financial information. Just as a medical operation requires a lot of detailed facts before the decision to go ahead can be made.

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  • Can i claim my daughter so that i am a 2 person household for my bankruptcy filing.

    In process of a divorce. Soon to be ex wife filed a Chapter 7 last month. She claimed our daughter. Our daughter currently resides with her. However, from 1/1/15 - 7/15 she lived with both of us. Now I need to file for bankruptcy. Can i...

    Michael’s Answer

    • Selected as best answer

    If you can claim her in 2015 then file the return first. In any case, your court ordered payments go on the MTA and schedule J.

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  • Can I sue a bankruptcy lawyer to get my money back?

    I paid an attorney to file for bankruptcy more than 3 months ago and he hasn't done anything. I've called him to follow up and he keeps saying he's going to look into it. Last time we spoke was in mid December, I emailed him first week of January...

    Michael’s Answer

    Seems awfully drastic an approach. There are easier ways to get your case filed. Send him an email asking what if anything is still needed to file including all legal fees and costs, credit counseling, all information, documentation etc on your part and wait a few days for a response. If the attorney does not give you a response, advise that he has one last chance to respond or you want to close the case and have the appropriate amount refunded.

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  • Civil debt

    I have a civil debt at attorney general office of ny. It is a student bill due. It is killing me I want to get a deferment so I pay later. Can anyonehelp me it has put hold on my university transcript. but I want to remove that hold.

    Michael’s Answer

    • Selected as best answer

    You can remove the hold on your transcript by filing Chapter 7; but that filing will not by itself discharge the debt on the student loans.

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  • I would like to know if its possible to fill for bankruptcy in order to get my license back, or what would be the best option?

    3 years ago I had a car accident in Florida and I didnt have car insurance. I was not driving under the influence nor anyone died in the accident. I paid my tickets but my license got suspended because of the damages I caused. Not being able to dr...

    Michael’s Answer

    Since it appears that the suspension was primarily for monetary damage renouncement, you should be allowed to get your driver's license back once this debt is discharged.

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  • What would it mean if the US trustee will come to ask questions at the meeting of 341?

    The panel trustee and the US trustee will both come to the meeting of 341 for chapter 7 .is that means it is something bad since both will attend .The US Trustee requested documents and he receive them,but now they will both come at the meeting .i...

    Michael’s Answer

    It certainly not a good sign but it may in the end mean nothing. The UST has flagged your case and wants answers to certain question. Usually it is done in writing, but I suppose each UST can do it their own way.
    You should really ask your attorney whet he or she thinks.

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  • If your car is claimed a total loss, and the insurance pays the debt to the bank, do I get credit in a chapter 13

    If so, how do I get the payments lowered

    Michael’s Answer

    Agreeing with my colleagues, the only benefit to you is a reduced proof of claim, except that the claim will probably only be filed for the debt, showing no arrears to be paid in the plan (assuming you are current with the lender). What you need to do is get a new car loan to offset the former car loan.. Otherwise you will not get a "credit" in the form of lower payment on the plan but an increase in plan payments because the car expense is gone.

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  • Bankruptcy /tax penalties

    If I file bankruptcy and I owe back real estate tax and penalties on my home can I discharge the penalties and just pay the back taxes.

    Michael’s Answer

    Real estate taxes are a statutory lien. You cannot discharge them in bankruptcy.

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