Craig Dennison Robins’s Answers

Craig Dennison Robins

Melville Chapter 7 Bankruptcy Attorney.

Contributor Level 14
  1. Converting Chapter 13 to a Chapter 7

    Answered over 4 years ago.

    1. Craig Dennison Robins
    2. Theodore Lyons Araujo
    2 lawyer answers

    There are a lot of unusual facts in your question. First, it doesn't make sense that you continued to pay the hospital after you filed your Chapter 7 in 2002. Perhaps you were concerned that they would deny you medical assistance thereafter if you did not. In any event, as long as you listed the hospital debt in the 2002 Chapter 7 filing, then the debt should be discharged, even if you voluntarily continued to make payments thereafter. If this was the case, then the hospital violated...

    1 person marked this answer as helpful

  2. Can a second mortgage company come after me after bankruptcy discharge?

    Answered almost 6 years ago.

    1. Craig Dennison Robins
    1 lawyer answer

    As a Long Island Chapter 7 bankruptcy attorney, I come across this issue frequently. The bankruptcy discharge wil forever prevent your mortgagees from pursuing you for any money or any deficiency if they sell the property at a foreclosure auction. However, they do have the right to foreclose the property. This means they have the ability to sell it by suing you in a foreclosure proceeding. However, by virtue of your bankruptcy, they can only get the property back and they cannot go...

    1 person marked this answer as helpful

  3. I just made last plan payment (13), what now?

    Answered almost 6 years ago.

    1. Craig Dennison Robins
    1 lawyer answer

    Once you make your final Chapter 13 payment, you do not need to take any special action. The trustee will file a report with the court indicating that you completed your Chapter 13 plan and that you are now entitled to get a discharge. Congratulations! For more information about bankruptcy practice, law and procedure, please click the link to my bankruptcy blog below: .

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  4. A persons chapter 13 was dismissed for missed payments, how soon can they file chapter 13?

    Answered about 6 years ago.

    1. Craig Dennison Robins
    1 lawyer answer

    The bankruptcy code says that you cannot refile for 180 days if you failed to make payments. However, this does not stop most debtors if they can assert that there is a changed set of circumstances. Also, you should be aware that the bankruptcy stay that you get the second time around will only last for 30 days and that your attorney will have to immediately bring a motion to extend it. There is a lot of information on my blog about repetitive filings. Search for that term to find the posts.

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  5. I WISH TO FILE CHAPTER 7 BANKRUPTCY AND AM TRYING TO DO IT ON MY OWN. WHAT IS THE FIRST STEP I NEED TO TAKE?

    Answered about 6 years ago.

    1. Craig Dennison Robins
    1 lawyer answer

    If you are truly intent on filing yourself, without an attorney, you should get a book on the subject. However, you should reconsider whether this is in your best interes. In this country, anyone can represent themselves with any legal matter, and that includes a personal bankruptcy filing. However, filing bankruptcy under the new bankruptcy laws is very complicated and there are many risks involved when you act as your own bankruptcy lawyer. The court can dismiss your bankruptcy...

    1 person marked this answer as helpful

  6. What can they really do if you don't pay off your credit cards?

    Answered about 6 years ago.

    1. Craig Dennison Robins
    1 lawyer answer

    Most lenders will sue their customers when a credit card debt with a significant balance becomes delinquint. Considering that each of your credit card accounts is over $10,000, the possibility of being sued is extremely high. The student loan lender would probably sue you as well. If they sue you, they will likely end up with a judgment against you. With that they can garnish your wages, freeze your bank account, and put a lien on any real estate that you own. Judgments also acrue...

    1 person marked this answer as helpful

  7. What is a notice of filing of transfer of claims?

    Answered about 6 years ago.

    1. Craig Dennison Robins
    1 lawyer answer

    When you owe money to a credit card company and then file for Chapter 13 bankruptcy, the credit card company files a proof of claim in order to be paid by the trustee. Credit card companies frequently sell their various accounts. When they sell an account to another company, they also have to file a documents with the court indicating that the claim was transferred to the other company. Court rules sometimes require that notice of this be given. Thus, if you receive notice of a "...

    1 person marked this answer as helpful

  8. Can I be forgiven of debt if I'm on SSI?

    Answered about 6 years ago.

    1. Craig Dennison Robins
    1 lawyer answer

    This creditor will not forgive the debt because you are on SSI. Even though you may not be able to pay it, the creditor can still sue you and get a judgment against you. However, it sounds like you are judgment proof. This means that the judgment creditor will probably be unsuccessful in getting any money from you. In most states, Social Security proceeds are protected from creditors. You will want to find out if that is the case in Florida. You may also qualify for free pro bono...

    1 person marked this answer as helpful

  9. Are my accounts safe when my parents file for bankruptcy?

    Answered about 6 years ago.

    1. Craig Dennison Robins
    1 lawyer answer

    You should not have anything to worry about. Your financial affairs are totally separate from that of your parents. Therefore, neither you nor your finances should not have anything to do with your parents' bankruptcy filing. Generally, a court-appointed trustee will only look into a the financial affairs of a family member if there were shared accounts, or if the debtor transferred assets to the family member. Since that is not the case with you, the trustee should not have any concerns...

    1 person marked this answer as helpful

  10. Should we file a complaint?

    Answered about 6 years ago.

    1. Craig Dennison Robins
    1 lawyer answer

    Many people make the mistake of filing bankruptcy on their own. Sometimes it works out smoothly, but sometimes, as you've discovered, it can cause major problems. You hired a "bankruptcy petition preparer." By law, a bankruptcy petition preparer cannot give legal advice and can only type or prepare the petition. Of course, some bankruptcy petition preparers violate the law and attempt to give you legal advice, but they are not supposed to do so. If that happened, you can make a complaint...

    1 person marked this answer as helpful

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