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Jacques H. Geisenberger Jr.

Jacques Geisenberger’s Answers

630 total


  • My father gave me the invoice of his lawyer who made his will before he died. The lawyer will now not send me a copy of will

    I moved into his home with him Nov 2014 to help him after a botched surgery. The first day he gave me the invoice of the lawyer who has his will. He told me years ago of his visit their and his specifications to him, and the reasons for them. ...

    Jacques’s Answer

    Just because you have the invoice from an attorney who allegedly has you late father's Will does not give you a legal right to be provided a copy. You do not state whether your mother survived your father or whether they were married at the time of his death. Depending upon whether your mother survived your father and they were married at the time of his death, may determined whether you have a right to see a copy of your father's will. You may wish to consult with an estate and probate attorney to discuss the matter, and you specific fights, if any, under the circumstances.

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  • Can I transfer judgment off cosigner credit?

    My Inlaws cosiged a student loan in 2008. we were never served with papers, but come to find when checking credit reports that a judgment has been placed against both of us for non payment. Is this allowed without actually being served? Also, an...

    Jacques’s Answer

    Do not understand multi-part questions. If you are having trouble getting a mortgage or a loan, transferring the entire judgment into you name does not help your attempts to secure either a loan or a mortgage. Without actually reviewing the documents to support the entry of judgment, there is no way to determined whether it was properly entered against you or your in laws. Suggest you contact an attorney to consult on this matter. If you do not have one find one on AVVO..

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  • Does every state have a Chapter 7 Bankruptcy Questionnaire to fill out?

    In addition to all the required bankruptcy forms, do some or all state require debtors to complete a Questionnaire? Does the trustee mail you this Questionnaire before the 341 meeting?

    Jacques’s Answer

    I am not sure what you mean by a Debtor's Questionnaire as part of the Official Bankruptcy Forms filed with the Bankruptcy Court. Since I do not know what Questionnaire you refer to, I know of no requirement in the Bankruptcy Court for the Eastern District of Pennsylvania which by local rule compels a Trustee to send you a Questionnaire before the 341 Meeting. If you are DIY bankruptcy, you may spend a lot of your time not having the answers to this type question between now and the time you receive a "fresh start". I would suggest consulting with and paying the fees for a experienced bankruptcy attorney to make sure you do not have your case dismissed for your failure to follow the Bankruptcy procedures and rules.

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  • How do i get my bankruptcy payment changed to the lower payment that was ordered after we filed loss mitigation

    we filed bankruptcy and a payment was set up we then filed loss mitigation it was granted and a new lower payment was set but they are continuing to take out the original amount so the trustee now has over $5000 dollars in our trustee account that...

    Jacques’s Answer

    I do not understand your questions as you have left out a lot of important facts. Are you in Chapter 13 of the Bankruptcy Code? Was your Plan originally Confirmed? Are payments to the Trustee being made from a wage assignment? When you obtained a loss mitigation, did you file a Post Confirmation Amended Plan? Was it allowed and an Order entered reducing your payments? If you have an attorney suggest you consult him/her immediately. If not, suggest you immediately contact an attorney and consult where you have the benefit of the attorney-client privilege in answering the above questions. If you have proceeded this far pro se suggest that DYI is really no longer an option to resolve your issues.

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  • What if the executor of a will is in a behavioral health facility? Will the contingent is able to execute the will & how quickly

    My father in law passed away less than 2 weeks ago. My mother in law has been on disability for bipolar depression for 30 years. She is currently in her 4th stay at a behavioral health facility in 6 months months. There are hundreds of thousands o...

    Jacques’s Answer

    Without a Power of Attorney there is really nothing you can do directly concerning the debts or selling the home. I suggest you immediately contact the local Office of Aging and ask for their immediate intervention in having your mother-in-law placed into a safe environment.At the same time you should consult with an Elder Law attorney to discuss the situation, especially the rights and duties of your mother-in-law's children in this particular situation.

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  • My wife and I are filing bankruptcy she just settled a wokers compansation claim for 20000 dollars how will this effect the bank

    do we have to include this money or can we spend it to repair our home and buy another car ours is on its 3rd engine

    Jacques’s Answer

    There are not enough facts supplied to correctly answer your inquiry under Pennsylvania Law which has very limited state exemptions. Do not spend any of the funds without first consulting a consumer bankruptcy lawyer in your area concerning your assets, liabilities, income and expenses and how best to protect your assets, including your wife's recent settlement of the workers compensation claim. If you do not already have a bankruptcy attorney you may use AVVO to find one.

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  • What is the established time frame for probating a will and is the timing enforceable? What is the requirement for record keepin

    A death occurred on 16 February 2015, the executor was formally assigned via the wishes of the deceased and the probate was started. The executor has removed numerous items of value from the camera secured estate residence to his remote unsecured ...

    Jacques’s Answer

    • Selected as best answer

    Your question states that probate was started. After probate there are certain statutory time requirements for completing the administration of the Estate including Notice to Beneficiaries, filing of Inheritance Tax Return, payment of taxes, and filing of status reports to name a few. If you are not satisfied with the pace at which the Estate Administration is progressing you have the right as a beneficiary to compel an accounting. I suggest you consult with a Probate Attorney concerning your particular issues. If you do not have an attorney you can find one on AVVO.

    I have changed the Practice Area to Probate so you will receive a broader response.

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  • Dischargeability of fraud related debt in a bankruptcy.

    As a result of my attorney's failure to file responses to Request for Admissions, the Plaintiff's received Summary Judgment. As a result, the Fraud count was upheld and I am now personally responsible in addition to my corporation. I realize limit...

    Jacques’s Answer

    Initially your inquiry does not contain sufficient facts to give you an answer and AVVO is a public forum where you do not have the benefit of the attorney-client privileged to fully discuss all of the facts surrounding the issue of whether this debt is dischargeable. I suggest that you look for and consult with an attorney familiar with the operation of corporations, and especially the dischargeability of that debt by individuals involved in the operations of the corporation concerning the creation of said debt.

    This is a difficult area of bankruptcy law and it will be important if the attorney you select to consult has had previous experience with similar situations.

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  • Can a bank sue me or an LLC if it is no longer in business (& no assets) over an SBA loan where I filed personal bankruptcy?

    I signed a personal guarantee in 2007 for an SBA loan, but in 2010 the economy hurt my business and I closed the doors. I sold what I could and made the payments for as long as possible. In 2011 I filed personal bankruptcy and included the SBA loa...

    Jacques’s Answer

    Since the LLC was not dissolved the LLC can be sued. Whether any judgment obtained can be collected is another issue.

    Without seeing the actual documents creating the loan, the bankruptcy papers filed, and reviewing the docket concerning the foreclosure proceedings in is not possible to state that the debt was discharged in your bankruptcy. Suggest you consult with the attorney who filed the bankruptcy. If you DIY, now would be a good time to consult with a business bankruptcy attorney. You can locate one on AVVO. I also caution you that AVVO is a public forum where you do not have the benefit of an attorney-client privilege which will be required to fully respond to your inquiry.

    If you found the response helpful or the best, please mark it as such.

    Good Luck!!!

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  • I can't get the debt collection agency to do a "pay for delete", or a no 1099-C. Does anyone have any tips to getting this done?

    I am paying off 60% of my $3,500 debt in in one lump sum, but want the debt collection agency to delete their account on my credit report. Although, this has been a nightmare as they seem to not want to budge with this. They keep saying it is ille...

    Jacques’s Answer

    Suggest you follow the prior response of Attorney Berkus. Pay the settlement, get a release or receipt in writing showing the amount paid and the balance due as zero. Then move on with your life and put his matter behind you. your credit score over time will improve.

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