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Scott R. Schneider
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Scott Schneider’s Answers

21 total

  • Filed chapter 7 and surrendered my house (property). I received the discharge letter.

    Does that mean I am no longer obligated to payback the loan? Now I received letter from bank to start foreclosure process again. going to contact them to see if I can do deed in liue, rent the property or do cash for keys if available. Do I need a...

    Scott’s Answer

    Because you received your discharge, you are no longer liable on the loan. But they can not take your house until they complete the foreclosure proceeding. In NY that can take some time. A deed in lieu of foreclosure means that you are giving the bank the property now to avoid a lengthy foreclosure. There are pros and cons to a deed in lieu and it might not be the best option. I suggest you contact an attorney.

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  • Private Student Loan Default due to unemployment. Currently without any assets.

    I have close to 50k in private student loans and I've been unemployed for three months. I have no cosigner to the loan and I have no assets. What can these private student loan agencies do to me other than ruining my credit score? As I mentioned, ...

    Scott’s Answer

    I agree with Matthew. While now you have no income or assets, hopefully in the future that will change. It is at that time the student loans will seize your assets, garnish your salary and freeze your bank accounts.

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  • How long after selling a mobile home do I have to wait to claim Bankruptcy? as I didn't make enough momey to pay my bills.

    I'm a handicap widow living on a fixed income I tried to pay some of them but I still owe more...Thank you for any help you can give me..

    Scott’s Answer

    It is usually better to file for bankruptcy first and then sell your mobile home. If you already sold your mobile home, it depends on how much you received from the sale and your expenses to determine when is the right time to file. You should contact a bankruptcy attorney to further discuss your situation

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  • 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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