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Jacques H. Geisenberger Jr.

Jacques Geisenberger’s Answers

622 total


  • 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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  • My parents last will and testament was read the executor is not following instructions left

    All if my mothers jewelry was left to me and the executor gave it to someone else

    Jacques’s Answer

    I agree with Mr. Klenk's analysis. Unfortunately, in Pennsylvania you may have to pay your attorney for the work performed. If you are successful, the court may surcharge the Executor for the error. So before you do anything weigh the economic value of the jewelery. If the value is sentimental versus principle, remember that litigation over principle is very expensive and not rewarding.

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  • What does the following statement written in a will mean?

    I give, devise and bequeath all the rest, residue and remainder of my said estate to my sons, (------------------), equally, share and share alike, to them, their heirs and assigns forever, per stirpes.

    Jacques’s Answer

    To me it means a poorly drafted will with potential problems. Unless there are no other children the clause could be shortened to say my issue per stripes. Cuts out possibility that the heir of deceased son would be his spouse. Also does not provide for situation where a son predeceases testator without issue surviving him. where does his share go?.

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  • Filed a Chptr 7 pro se and the trustee is requesting that I provide proof of value of my home. What is acceptable to prove value

    I filed a Chapter 7 in Philly and the trustee is requesting documentation to show how I arrived at the home value. What is generally accepted in Philly as proof - tax assessment, Zillow, brokers opinion?? Please let me know what is acceptable as ...

    Jacques’s Answer

    Since your DYI in a Pennsylvania Bankruptcy Court, tongue in cheek, I suggest you rely on the "guesses of all of the prior respondents, none of whom are licensed to practice law in Pennsylvania.

    Seriously consulting an attorney licensed to practice law in Pennsylvania, would be a better and cheaper idea than risking having your Case dismissed, or losing an objection to your Discharge by the Trustee.

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  • I am seeking to find an attorney for nursing home neglect in Phila PA

    Faulty oxygen equipment (empty oxygen tanks/broken gauges), taken off oxygen , resulted in mother being taken to ER brought in for "shortness of breath-low oxygen"..............has now subsequently resulted in her having a tracheostomy and permane...

    Jacques’s Answer

    Take the advice of Attorney Klenk and seek legal advice from a firm which specializes in this highly specialized area of the law.

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  • Who notifys the trustee of an insurance payment made on the balance of a vehicle on a chapter 13 plan?

    My vehicle recently has some damage and I got about $850 back from the insurance. My brother does body work and did it for free. So I send the check to the lein holder since I couldn't cash it and sent ito to the trustee. Who notifies the trust...

    Jacques’s Answer

    If you have an attorney representing you on your chapter 13 consult him or her for an answer. If you are DIY on the case then suggest you notify the Trustee. However keep in mind that, unless the lien holder formally reduces the claim filed, you will have to file either a Motion or Objection to the claim to havew the Court fix the correct amount now due. You should also make sure that the creditor correctly applies the $850.00 to the principal of the debt.

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  • Filing Capter 7, also want divorce, mom with special needs child

    Spouse has BiPolar II Disorder. Spent all life/college savings. Lied and his a lot from me. Filing Chapter 7 real soon. Is it best I stay separated until my credit improves?

    Jacques’s Answer

    The prior answer from Attorney Viola is good solid advice. Unless you are divorced, you will need to include your spouse's income and expenses on any bankruptcy filing.

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  • How do I reclaim personal items from my Father's estate?

    My Father passed away and left no provision in his will to pass on personal family items to his 3 surviving children. The estate attorney informed us that according to PA law, the property is joint and passes to the surviving second spouse. Do th...

    Jacques’s Answer

    Rather than spend money on hiring a lawyer, suggest you contact the surviving second spouse a/k/a your step-mother and ask here nicely if you may have the pictures which belonged to your deceased mother. If these pictures have an economic value, other than sentimental value to you, you should offer to at least pay the inheritance tax which would be due on the items. If you are unable to take my suggestion, you could offer to pay her the value of the pictures.

    Hope this was a helpful response and Good Luck.,

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  • Do I need an attorney for carrying out my mother's simple will or can I do it myself?

    My mother just passed away. She has a simple will stating that everything goes to me her only child. A few low dollar bank accounts, small life ins., older car and her house which still has a line of credit owed on it.

    Jacques’s Answer

    You have my condolences for your recent loss. Attorney Zellinger's response is on point. If you know how to file the Will for Probate, close out the bank account(s), claim the proceeds of the life insurance policy, sell or title the automobile, sell or properly title the house, deal with the line of credit and any other claims against the estate, plus file the Inheritance Tax and final tax returns for 2015 DIY. On the other hand a Probate Attorney in you locality would be able to take care of all of the above matters at a reasonable flat fee..

    I have changed your Area of Practice to Probate so that you may get additiona answers.

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