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Craig Dennison Robins
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Craig Robins’s Answers

278 total


  • If my house will be forclosing in the future do I still need to pay the property taxes?

    We have not paid our house payment in 7 months. We have filed for chapter 7 bankruptcy. My husband has a job prospect in Arizona and we want to pursue it. The problem is our loan was sold just about a month ago to BofA. We have not heard anything ...

    Craig’s Answer

    In most jursisdictions including the one that I am from (New York), real estate taxes "run with the land." In other words, whoever owns the real estate is responsible for the real estate taxes.

    In such jurisdictins, the local real estate taxing authority does not bother pursuing a homeowner, but instead places a tax lien on the property which must be satisfied by the ultimate owner -- in your case the foreclosing bank.

    Nevertheless, you would be wise to inquire of a local attorney for a more definitive answer.

    If you are eligible for bankruptcy, you can probably eliminate your obligations on the mortgage. Consider reading the various articles about this on my Bankruptcy Blog.

    Good luck!
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  • Need to know how to research the filing deadline to reopen a ch 7 bk case

    I filed a ch7 case last year and obtained my discharge 9/1/09. I would like to reopen my case and file a complaint to determine the dischargeability of two educational loans on the basis of hardship (11 USC section 523(a)(8). I so far have not f...

    Craig’s Answer

    There is no statutory deadline for reopening a closed bankruptcy case. It is up to the court to decide if too much time has passed. In your case, I would suggest that this would not be a problem.

    The statute for reopening a case is Bankruptcy Code section 350.

    We often reopen cases for our clients to bring motions to void liens and for other reasons. Many people think that you must re-open a case to add creditors who were inadvertently omitted. This requirement is different from jurisdiction to jurisdiction. There is an article link below about this.

    You must file in the same court your prior case was filed in, even though you moved. There is already a bankruptcy judge assigned to your case and it is that judge who will entertain any other relief you are looking for.

    Good luck!
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  • What happens if I don't appear for a summons w/creditors?

    credit card company threatened to send me summons and seize assets. I have no assets.

    Craig’s Answer

    If you do not answer a summons the creditor will eventually obtain a default judgment against you.

    Once a creditor gets a judgment, it can garnish your wages and freeze your bank account. If you had valuable assets, the creditor could do even more, like put a lien against your house.

    If you file for bankruptcy, you should be able to discharge your obligation to the creditor, even if they've sued you. However, you should consult with a bankruptcy attorney in your home state to inquire further about this.

    There are some good articles below, including: "My Credit Card Company Sued Me. What Should I Do?" Click the blue links:
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  • My student loan totals were in the trustee's memo of my total amount to be dishcharged. Does this mean they were?

    My attorney included my student loans in my total debt when filing chapter 7 Bankruptcy. The trustee's note in pacer states that my total debt (which included my student loans) was to be discharged. Does this mean that they have been discharged?

    Craig’s Answer

    Student loans are not dischargeable. (The only exception is if a debtor brings a rather involved hardship proceeding which is very difficult to prevail on).

    Your student loans were NOT discharged.

    When you file for bankruptcy, you are required to list all debts in your petition, whether they are dischargeable or not. That is why your bankruptcy attorney listed the student loans.

    However, the mere fact that they are listed in the petition or in a trustee's memo does NOT mean that they will be discharged.

    There are several articles about Student Loans and Bankruptcy on my bankruptcy blog. Click the blue link to see them:
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  • Can I fill bankruptcy after divorce in the state of Maine?

    Divorce is with property and she doesnt want the house and i cant afford it on my own

    Craig’s Answer

    Yes. You can file for bankruptcy after your divorce.

    There is no prohibition against filing for bankruptcy merely because you divorced your spouse.

    However, it would be wise to consult with an experienced bankruptcy attorney, especially considering that you mentioned that there is property involved.

    I have written extensively on how matrimonial issues affect bankruptcy. Click the blue link to see these articles:
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  • How long does it take to voluntarily dismiss a chapter 13?

    We are considering dismissing our chapter 13 due to the fact that I am due to receive a settlement from a previous wage and hour lawsuit, and we are not eligible for a discharge under the 13, due to attorneys mess up. We have been in the 13 for 3 ...

    Craig’s Answer

    There is no clear-cut answer as to how long it will take because every bankruptcy judge is different with the way he or she processes such applications.

    A debtor generally has an absolute right to withdraw a Chapter 13 case as long as it is done in good faith.

    The way to withdraw a Chapter 13 case is to make an application to the court. Most bankruptcy courts will let you do this without notifiying any other party, and most judges will not require you to appear in court.

    In our jurisdiction, a judge will typically sign such an application within two to ten days after receiving it. The court will then send a notice to all creditors that the case has been dismissed.

    For more information about Chapter 13 bankruptcy issues, please see the hundreds of articles on my bankruptcy blog:
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  • Life insurance and filing bankrupcy

    i have a term life insurance policy if i file bankrupcy what happens to my life insurance do i have to sign the policy over?

    Craig’s Answer

    All life insurance policies must be scheduled as assets in the Schedule of Assets.

    TERM LIFE INSURANCE. Term policies have no current value because they have no cash surrender value. A debtor will not lose a term life insurance policy. The value of a term life policy is zero.

    WHOLE LIFE INSURANCE. Whole life insurance policies have cash surrender value that may or may not be exempt depending in the state you are filing bankruptcy in. For those who live in New York, Insurance Law section 3212 provides that the cash surrender value of a whole life insurance policy is exempt. However, in order to use this exemption, the policy must contain a designated benefiticary.

    For more information about various aspects of bankruptcy, please see the hundreds of articles in my bankruptcy blog:
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  • I have recently filed bankruptcy and i dont want to go forward, can I just not show up If I have met with the trustee?

    Afyer filing on my own, I realized after consulting with a bankruptcy attorney that I had done the paperwork incorrectly and i didnt list all my creditors. I do not want to go forward can I just not show/ with it just get dismissed without dischar...

    Craig’s Answer

    In Chapter 7 cases, consumer debtors do NOT have the ability to change their mind and withdraw their bankruptcy case.

    Unfortunately, you have learned that filing bankruptcy is rather complex.

    If you didn't include all of your creditors, you can amend your schedules to include any creditors who were inadvertently omitted. Keep in mind that you have limited time to do this. The pro se clerk at the bankruptcy court can probably help you with this.

    All debtors have a responsibility to correct any mistakes that they find in their petition after filing.

    If you do not show up at the meeting of creditors, the trustee may or may not seek to dismiss your case. However, your best bet it to simply amend your schedules.

    There is a great deal of information about filing for bankruptcy on Long Island on my Long Island Bankruptcy Blog. The link is below. I wish you good luck!

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  • I have already met with the trustee for the bakruptcy, Can I still withdraw? and what is the pocess? Can I just not show?

    I am not ready to file, I filed on my own without an attorney my paperwork is all wrong. I didnt include all creditors. I did my counseling after the filing and I feel I need to think this through before I go forward.

    Craig’s Answer

    In Chapter 7 cases, consumer debtors do NOT have the ability to change their mind and withdraw their bankruptcy case.

    Unfortunately, you have learned that filing bankruptcy is rather complex.

    If you didn't include all of your creditors, you can amend your schedules to include any creditors who were inadvertently omitted. Keep in mind that you have limited time to do this. The pro se clerk at the bankruptcy court can probably help you with this.

    Since you met with the trusteee already and did your debtor education counseling, you will likely receive your discharge order soon, even if you feel that your papers are not accurate. All debtors have a responsibility to correct any mistakes that they find in their petition after filing.

    There is a great deal of information about filing for bankruptcy on Long Island on my Long Island Bankruptcy Blog. The link is below. I wish you good luck!
    .

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  • If my unemployment is reversed can I file Chapter 13 on it?

    I am on unemployment and have a hearing coming up with the possibility that it could be reversed resulting in me having to pay Ohio back all of my unemployment payments. Can I have this discharged through Chapter 13 bankruptcy? I plan on filing wi...

    Craig’s Answer

    The answer is YES. There are very few exceptions as to what can be discharged in a bankruptcy case. There is no exception for overpayments that the state made to you for unemployment benefits.

    That means that if you file for bankruptcy, whether it is Chapter 7 or Chapter 13, you will be able to discharge any obligation that you have for having received an overpayment of unemployment benefits.

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