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Scott R. Schneider
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Scott Schneider’s Answers

18 total


  • Filing for bankruptcy / immigrant going back

    I'm an immigrant who got married to a US citizen and is on process of greencard. During the time here I have got a good amount of credit card debt. Now, I'm in an abusive relationship and want to divorce and go back to my home country. My question...

    Scott’s Answer

    Bankruptcy is an option for you. You need to contact an attorney to go over your case in detail.

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  • Can I use my credit cards prior to filing bankruptcy?

    Can I use my credit cards for food.I am not late with any of my credit cards but have large amount of debt.I most likely will file for bankruptcy in a month.

    Scott’s Answer

    If you are going to be filing for bankruptcy, you should not be using your credit cards. If you use your credit cards prior to filing, the credit card companies can object to having that debt discharged. The question is whether the charge is enough to make the credit card company file an adversary proceeding to object. Some credit card companies are more aggressive than others. It is best to talk to an experienced bankruptcy attorney.

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  • Got a collection for an account -providen bank visa card from 2006 for 9k that's impossible lawyer friend says its real is it

    they say its for 9k I never had a credit card for a limit of more than 500 never received any notices and they want to garnish my salary . its with ruvin and rothman what do I do

    Scott’s Answer

    If your lawyer friend reviewed the papers and says it is real you can either hire an attorney to contest it or if it is your debt you would need to make arrangements to pay it. If you have other judgments or other credit card bills you may want to consider filing for bankruptcy which will stop the garnishment and get rid your debts including the judgment. Rubin & Rothman are collection attorneys and they are good at what they do.

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  • Can you put your divorce lawyers fees on your bankruptcy in New York State?

    When filing for bankruptcy in New York State (Suffolk County), can include the remainder of your divorce lawyers fees on your bankruptcy?

    Scott’s Answer

    Absolutely. But do not expect your divorce attorney to continue to represent you.

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  • Can a husband file for bankrupcy by himself including the home that the wife is on the tittle to, without his wife's consent?

    Couple is still married but on the brink of divorce, wife hears of her husband going to file for bancrupcy and is very concerned for herself.

    Scott’s Answer

    The husband can file for bankruptcy as an individual. He does not need his wife's consent. The husband must list in his bankruptcy all his assets and all his liabilities.

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  • Cosigner on a loan

    I am a cosigner on a Sallie Mae school loan (not federal) and recently had this dumped on me because the other person lost his job and can't pay. I am being harassed night and day by the collections department but I am making small payments but n...

    Scott’s Answer

    When you cosigned the loan, you agreed to be responsible for paying the debt. If you are not making the required payments according to the loan agreement, they can call you to attempt to collect the debt. Should you pay the loan off, you can collect from the borrower. If he does not pay you, you can sue him.

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  • Can I revise the creditor's matrix after filing a Chapter 7?

    I recently filed a skeleton filing of a Chapter 7. I owe a lot of documentation but I also realized that I had left out a number of creditor's from the matrix when I filed. Can I revise the creditor's matrix when submitting rest of the documenta...

    Scott’s Answer

    Adding the creditors to the matrix is only part of the amendment. You must also list the additional creditors on Schedule D, E or F. In addition you should look at the Local Rule 1009-1 to guide you. Make sure you serve the creditors as well. If you do it wrong, it will not count.

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  • Do I need to file a Chapter 7 bankruptcy?

    My house is in foreclosure and most likely I'll receive a deficiency judgment. I'm currently unemployed, but I used to be a teacher and have a pension and a tax-deferred annuity through the Teachers' Retirement System of the City of New York. Can ...

    Scott’s Answer

    Retirement accounts are protected. You may unemployed now, but when you are working again, if they have obtained a deficiency judgment they will garnish your salary and seize your accounts. There are other factors to consider before filing for bankruptcy. You should talk to a local bankruptcy attorney.

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  • Can't pay credit cards on disability have old car own nothing can they give me a judgement or will they leave me alone 47 years

    do i talk to them and tell them or just ignore there callls

    Scott’s Answer

    They will not leave you alone. You will eventually be sued and they will try to collect on the judgment. You should talk to a bankruptcy attorney to see if bankruptcy is right for you.

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  • If you get a judgements from credit cards and you eventually have to file chapter 7 can those judgements be included

    is it then exempt ny

    Scott’s Answer

    You must list all your debt, including judgments when you file a Chapter 7 Bankruptcy Petition. By listing the judgments, they can no longer garnish your salary or seize your accounts. However, if you own real property, the judgment lien survives the bankrutpcy unless you file a motion to remove the lien while your bankruptcy case is pending. It is best to file before they obtain a judgment.

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