Ronald Brian Roteman’s Answers

Ronald Brian Roteman

Pittsburgh Bankruptcy Attorney.

Contributor Level 4
  1. Can a collection agency show up with a tow truck and tow away my car to satisfy a $2200. judgement

    Answered about 1 year ago.

    1. Ronald Brian Roteman
    2. Christine B. Adams
    3. Matthew Scott Berkus
    3 lawyer answers

    No, the creditor may not have your car towed. In order to recover anything on its claim, the judgment creditor would need to first obtain a writ of execution from the clerk of court. Once the creditor obtains the writ of execution, the next step would be to have the sheriff personally serve you with the execution papers, and contemporaneously make levy upon your property, including your car. At that time, a sheriff’s sale date would be set. Unless you take some further action at that time,...

    5 lawyers agreed with this answer

  2. Can I request a copy of the recording taken during the meeting of creditors.

    Answered 6 months ago.

    1. Lawrence S. Rubin
    2. Sandra A Kuhn Esq.
    3. Ronald Brian Roteman
    3 lawyer answers

    My experience has been that (i) you will need to contact the U.S. Trustee's office in order to obtain a copy of the recording; (ii) the recording is typically provided on a CD; and (iii) you will need to have the recording transcribed should you wish to have a written transcript.

    2 lawyers agreed with this answer

  3. I was just served with a writ of exacution on an unpaid CC. The unpaid amt is about 1100, can I just pay that amt .

    Answered about 1 year ago.

    1. Gregory Thomas Artim
    2. Ronald Brian Roteman
    3. Christine B. Adams
    3 lawyer answers

    If you are considering a bankruptcy filing to relieve yourself from the burden of your debts, you may wish to consider closing your exisiting checking and savings accounts now, before the credit card company locates your account and garnishes (freezes) it.

    2 lawyers agreed with this answer

  4. Discover card filed a judgement against my property. I filed bankruptcy and included Discover. How can I get the judgment remo

    Answered about 1 year ago.

    1. Ronald Brian Roteman
    2. Shaun T. Olsen
    3. Gary D. Bollinger
    3 lawyer answers

    If the judgment was entered within 90 days prior to your bankruptcy filing date, you may have it removed by filing a preference action under Bankruptcy Code section 547. If the judgment was obtained AFTER you filed your bankruptcy case, you may also be able to have it removed if Discover is found to have violated the automatic stay provisions set forth in Bankruptcy Code section 362, or as an unauthorized post-bankruptcy transfer under Bankruptcy Code section 549. Your right to seek relief...

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  5. What do bankruptcy trustees ask in a case of "transfer"?

    Answered over 1 year ago.

    1. Richard Michael Dauval
    2. Kevin Christopher Gleason
    3. Ronald Brian Roteman
    3 lawyer answers

    If you are asking what the trustee in a Chapter 7 bankruptcy case will want to know relative to any previous transfers of property, the following has been my experience: First, you are required to disclose the following in the Statement of Financial Affairs, one of the documents you will submit when you file for bankruptcy relief: (i) if your debts are primarily consumer debts (as opposed to debts related to a current or failed business), any and all payments made to any creditor in excess of $...

    3 lawyers agreed with this answer

  6. Determining Expense Amounts of Schedule J

    Answered 8 months ago.

    1. Jacques H. Geisenberger Jr.
    2. Ronald Brian Roteman
    3. Carl Jerome Teel Jr
    3 lawyer answers

    As an example of the expenses to be included, if you financed a car or obtained a cell phone plan within the month prior to the bankruptcy filing, then the monthly expenses incurred in connection with those items should be listed on your schedule J. Similarly, if you made your last car payment in the month prior to the bankruptcy case, then that expense is not listed on your schedule J. The Means Test, something you did not ask about in your inquiry, is something different. Whether or not...

    1 lawyer agreed with this answer

  7. A judgement was filed against me in PA. I never received any documentation of such. Is this legal?

    Answered 9 months ago.

    1. Daniel Tam
    2. Scott Leonard Feldman
    3. Ronald Brian Roteman
    3 lawyer answers

    First, I agree with attorney Tam's answer. In addition, I am unaware of any situation under which your creditor would have the ability to cause a garnishment on a properly formed UTMA account. The funds that were in the UTMA account did not belong to you. Rather, those funds belonged to your daughter, and you were merely the fiduciary responsible for overseeing that account for your daughter's sole benefit. Accordingly, your creditor should have had no legal right to garnish that account,...

    1 lawyer agreed with this answer

  8. Can I still obtain a Federal Stafford loan after filing chapter 7 bankruptcy?

    Answered about 1 year ago.

    1. Ronald Brian Roteman
    2. Matthew Scott Berkus
    3. Michael Patrick Hanrahan
    3 lawyer answers

    Your ability to obtain additional student loans should not be affected by your bankruptcy. Section 525 of the Bankruptcy Code provides as follows: “ A governmental unit that operates a student grant or loan program and a person engaged in a business that includes the making of loans guaranteed or insured under a student loan program may not deny a student grant, loan, loan guarantee, or loan insurance to a person that is or has been a debtor under [the Bankruptcy Code], or another person with...

    1 lawyer agreed with this answer

  9. If you file a chapter 13 and later you are involved in an auto accident and received

    Answered about 1 year ago.

    1. Ronald Brian Roteman
    2. Christine B. Adams
    3. Brian Crozier Whitaker
    4. Dorothy G Bunce
    4 lawyer answers

    I believe the Bankruptcy Code is clear that property received AFTER the bankruptcy filing (e.g., the compensation for pain and suffering in this case) is, in fact, property of the bankruptcy estate. Bankruptcy Code section 1306(a)(1) expressly provides that property acquired after the bankruptcy filing is property of the bankruptcy estate. Court decisions pertaining to the debtor’s duties upon acquiring property subsequent to the bankruptcy filing are in certain instances inconsistent. The...

    1 lawyer agreed with this answer

  10. In pa if i open a checking account with my husband, can a debt collector put a levy on it.

    Answered 4 months ago.

    1. Gregory Thomas Artim
    2. Ronald Brian Roteman
    3. Arthur Lebedin
    3 lawyer answers

    With a couple exceptions, so long as you and your spouse own the account jointly, a creditor cannot levy/garnish the account, unless you and your spouse owe the creditor jointly. So long as the creditor is either yours alone OR your husband's alone, the account should be protected by Pennsylvania's exemption law pertaining to entireties assets (i.e., those assets owned jointly by husband and wife). There is at least one exception to this, and perhaps a couple. The IRS can attack a jointly...