Bruce Laurence Weiner’s Answers

Bruce Laurence Weiner

Brooklyn Bankruptcy Attorney.

Contributor Level 3
  1. I am wondering if after discharging in Bankruptcy, Chapter 7, I would be able to open a new checking account,

    Answered 7 months ago.

    1. Brian Christopher Fetzko
    2. Michael Hal Schwartz
    3. David Lloyd Merrill
    4. Bruce Laurence Weiner
    5. Christopher Ryan Natynski
    6. ···
    8 lawyer answers

    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.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

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

    Answered about 2 years ago.

    1. Michael Hal Schwartz
    2. Robert A. Stumpf
    3. Michael A. Koplen
    4. Bruce Laurence Weiner
    5. Michael David Siegel
    6. ···
    6 lawyer answers

    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.

    4 lawyers agreed with this answer

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

    Answered almost 2 years ago.

    1. Bruce Laurence Weiner
    2. Todd Michael Boudreaux
    3. Leonard Komen
    3 lawyer answers

    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.

    3 lawyers agreed with this answer

  4. 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

    Answered over 2 years ago.

    1. Bruce Laurence Weiner
    2. Deborah F Bowinski
    3. Robert A. Stumpf
    4. Michael Hal Schwartz
    5. Dorothy G Bunce
    6. ···
    6 lawyer answers

    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.

    2 lawyers agreed with this answer

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

    Answered over 2 years ago.

    1. Bruce Laurence Weiner
    2. Deborah Turofsky
    3. Barbie Dawn Lieber
    4. Mitchell Paul Goldstein
    5. Mark Markus
    6. ···
    6 lawyer answers

    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.

    2 lawyers agreed with this answer

  6. I have taken a loan of 5,000$ with my husband and two guarantors. Soon after that I faced up the foreclosure and other problems

    Answered over 2 years ago.

    1. Yefim Rubinov
    2. Bruce Laurence Weiner
    3. Steven Anderson Leahy
    4. Ted A Troutman
    4 lawyer answers

    I also agree with the previous answers. If this is your only debt, the advice to try to settle is good advice.