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Bruce Laurence Weiner
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Bruce Weiner’s Answers

6 total

  • I am wondering if after discharging in Bankruptcy, Chapter 7, I would be able to open a new checking account,

    because right now I am in the black list and was told in the bank that even after paying in full my debt to the bank I won some money I would not be able to open a new checking account within 7 years. If bankruptcy will be more helpful?

    Bruce’s Answer

    You definitely can open a new checking account. I agree with all of the answers given before. Once you discharge your debts you can move on with your life and get a fresh start not burdened by your debts. This includes having an account and making money in the future.

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  • Can judgment liens on the property of the former property owner, who is non-debtor be avoided in Chapter 7 bankruptcy?

    Deed used to be on two names but later changed only to debtor but mortgage stayed on both names. There are a number of judgment liens due to liability of non-debtor owner on the property. Can these liens be avoided in debtor's chapter 7 bankruptcy...

    Bruce’s Answer

    The judgment liens probably cannot be avoided. A debtor in bankruptcy can avoid judgment liens that impair his or her exemption in the property, but to claim the exemption, you must file and the property must be your principal residence. The other types of liens that you describe cannot be avoided. If the transfer was more than six years ago, the judgment liens may not be still enforceable, but that is not a bankruptcy issue.

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  • How do i file a proof of claim in a Chapter 7 filing with a hearing of creditors schedutled for October 15th?

    The day after my $80K judgment was issued, the defendant filed for Chapter 7! I say this is fraudulent. What do I do now?

    Bruce’s Answer

    You do not need to file a claim unless you received a notice in the case that there are assets and creditors should file claims. You do need to consult with a lawyer about the circumstances of your debt and the debtor to see if you have the basis for an action to declare your debt not discharged in bankruptcy because of fraud or if the debtor should not receive a discharge because of fraudulent behavior. I agree with my colleagues that simply filing after the judgment is not enough to prove fraud.

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  • I am going to file for the bankr. Chapter 7. If that correct that I may include IRS debts if the taxes were filed not earlier

    than 18 months ago? If the settlement agreement with IRS may prevent from including these taxes debts into the list of creditors? Thank you.

    Bruce’s Answer

    The prior answers are correct, all debts must be listed. Under some circumstances tax debt can be discharged in a Chapter 7 case. It can also be paid without interest in a Chapter 13 plan. You should consult an experienced bankruptcy lawyer to see what is best for you.

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  • If a woman is behind in debt and bills and finds no other escape from the debt, should she then file for bankruptcy?

    The woman is about $2,000 behind on rent and her other debt which includes credit cards and personal loans are over 30,000.

    Bruce’s Answer

    She should definitely meet with an experienced bankruptcy lawyer to discuss her income and assets so she can learn if filing is the right option. There are many factors not mentioned in the question and this format is not the appropriate forum for discussing those factors. Bankruptcy may well be the right thing, but she needs to meet with a lawyer to help her decide if it is what she should do.

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