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Scott R. Schneider
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Scott Schneider’s Answers

23 total

  • If debtor can ONLY PAY the installments of the secured property of the creditors BUT debtor is not able to pay credit cards??

    Hello Sir/Madam, If any debtor is able to pay the creditors of the debtor for the properties against which loan is raised BUT the debtor has not enough earning money to pay for the CREDIT CARDS, then what happened in such cases under CHAPTER 13...

    Scott’s Answer

    In most Chapter 13 cases, there is enough income to pay the arrears on the secured debt but not enough to pay the unsecured credit card debt. If that is the case, the unsecured credit cards will share whatever income is left over. In other word, the unsecured credit card debt might get 10 cents on the dollar under the plan. But there are other factors to determine how much to pay back the unsecured credit card debt. This can be complicated and I suggest you contact an attorney.

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  • If anyone file bankruptcy by representing himself under CHAPTER 13 in NY then whether he can amend the forms later in court ??

    Hello Sir/Madam, If someone files bankruptcy under CHAPTER 13 without representing any lawyer, then he/she can amend the forms (pleadings) during the pendency of the case in New York. If the answer is "YES", then within how much time he/she ca...

    Scott’s Answer

    You can amend your schedules and statements any time before the case is closed. You need to give proper notice. I know you are not an attorney, but you should look at Bankruptcy Rule 1009 for guidance.

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  • 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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