Robert Steven Bernstein’s Answers

Robert Steven Bernstein

Pittsburgh Chapter 11 Bankruptcy Attorney.

Contributor Level 8
  1. Does the state of PA have a statute of limitations for collecting old debts

    Answered over 5 years ago.

    1. Robert Steven Bernstein
    1 lawyer answer

    Most likely the Statute of Limitations is four years, although things you've done during the time can extend that period. Things like a partial payment, an admission ofthe debt can toll the statute. An attempt to collect a debt barred by the Satute of Limitations could be a violation of debt collection practices law.

    7 people marked this answer as helpful

  2. Am the owner of a single member LLC and the buyer in an asset sale

    Answered over 3 years ago.

    1. Robert Steven Bernstein
    2. Mona R Conway
    3. Stephen M Feidelman
    4. Pamela Koslyn
    4 lawyer answers

    All very good advice. In addition, ask the Seller's attorney to prepare (or give you a draft of) what they want you to sign. At least then you will be able to evaluate whether it is something simple like a resolution signed by you that you are the single member and have authorized the LLC to enter into the contract. Then it makes it much easier for you (or your attoney) to evaluate.

  3. As a small business owner, how much interest can I charge on customers who are not paying ( designing new contract )

    Answered over 3 years ago.

    1. Robert Steven Bernstein
    1 lawyer answer

    Each state has different limits, as does the federal law. It depends on where your customers are. It also matters if your customers are businesses or consumers. However, as a general rule, 18% per year seems standard and acceptable. It is great that you are thinking about this. There are probably other provisions that you should consider. I have a book (Get P.A.I.D. A Guide to Getting Paid Faster) which talks about these issues. You should consider payment dating, collection expense,...

  4. When a Sallie Mae private loan is in default and goes to 3rd party collection, who ultimately owns the loan and sets terms?

    Answered over 3 years ago.

    1. Robert Steven Bernstein
    2. Robert Daniel Kelly
    2 lawyer answers

    Lots of stuff in here. The Fair Debt Collection Practices Act should allow you to dispute the account and demand documentation. That process should also allow you to get the name of the creditor (in case it has been sold). If the loan is til owned by SLMA, the agencies still work for them, but may have some significant autonomy on terms. If you had a deal with the former agency, that should bind SLMA, so long as you were in compliance. Just because they sell it (or assign it) to someone...

    1 lawyer agreed with this answer

  5. Do I still have to pay back a loan to a bank that filed for bankruptcy protection

    Answered over 5 years ago.

    1. Margery Ellen Golant
    2. Jeff Adrian Biddle
    3. Cass S Weil
    4. Robert Steven Bernstein
    5 lawyer answers

    The bank's bankruptcy doesn't relieve you of your obligations. If you have a claim against the bank as a result of something it did (before filing bankruptcy), you might have a right to offset your debt against the bank's. You should consult an attorney in that event.

    1 lawyer agreed with this answer

  6. CAN THE IRS TAKE MY FEDERAL REFUND FOR STATE RESTITUTION AND PROBATION FEES?

    Answered over 3 years ago.

    1. Robert Steven Bernstein
    1 lawyer answer

    The better question is "can the state take your federal refund and apply it to restitution and probation fees?" You definitely need a lawyer in your state because the state will have rules governing how the state collects the fees. It may be that the resitution order is like a judgment and they are using a garnishment process to get at the refund. I'm not aware that there is any easy way to attach IRS refunds. If they can take the refund, there has to be a way for notice to you and some...

    1 person marked this answer as helpful

  7. Company I ordered generator from has now gone into receivership and I deposited $3100, what are my options?

    Answered over 2 years ago.

    1. Pamela Koslyn
    2. Robert Steven Bernstein
    2 lawyer answers

    If this is a bankruptcy and you entered into the contract as a consumer (rather than a business), you may have a priority for repayment as a "consumer deposit." The law gives you some special protection. If this is a state law Receivership, there are special state laws that govern and they may not have the same priority system. If the company is in Ohio, do a little on-line research about Ohio Receivership. You may have to wait until get learn where the Receivership is filed. The company...

  8. Am I allowed to include the collection fees in the amount when I turn a patient's unpaid bill over to a collection agency ?

    Answered over 3 years ago.

    1. Ali Forrest Morad
    2. Robert Steven Bernstein
    3. Theodore Lyons Araujo
    3 lawyer answers

    In most states, the collection of attorney's fees (or collection expense) is dependent on whether the contract that created the debt allows the addition of fees. Do you have a written contract covering the debt and does it provide for you to collect these fees? The collection agency should be able to tell you whether they can add fees to your claims based on the contracts.

  9. Small Business Chapter 11 - What Happens To Pending Trials

    Answered over 3 years ago.

    1. James Ryland Miller
    2. Robert Steven Bernstein
    2 lawyer answers

    Tough situation, but the good news is that when you file a Chapter 11, the lawsuit is an asset of the Chapter 11 "Estate" and can be pursued by the Estate. Good thing that there are not counterclaims, since the automatic stay you get as soon as you file the Chapter 11 should not stop suits by the compnay, only against the company. If there were counterclaims, it gets more complicated. You probably also have the choice to "remove" the case to be tried in the bankruptcy court, if that would be...

  10. Oil companey file chapter 11 any way to get out of contract !

    Answered over 3 years ago.

    1. Keith G Langer
    2. Kurt A. O'Keefe
    3. Robert Steven Bernstein
    4 lawyer answers

    The Chapter 11 company has the option to "assume" (keep) or "reject" (get out of) the contract, with certain exceptions. Here is a link to an article I wrote which might help. The law requires the "non-debtor party (you) to perform your end of the contract while the company (the Debtor) decides. Ind a Chapter 11, it may take a long time for them to decide and you have to wait or convince the Court that you are being hurt by waiting. Chances are pretty good that you will need a lawyer to...

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