David J. Harris’s Answers

David J. Harris

Wilkes Barre Bankruptcy Attorney.

Contributor Level 8
  1. Can I get student gap loans reduced in a bankruptcy?

    Answered over 4 years ago.

    1. David J. Harris
    2. Robert W. Kovacs Jr.
    2 lawyer answers

    A student loan can be dischargeable in a bankruptcy case if having to pay the student loan will result in an undue hardship to you under the standards of the Brunner (Second Circuit) and Faish (Third Circuit) cases. I was able to have a physician's student loan of in excess of $200,000 discharged as a result of now Supreme Court Justice, Samuel Alito's opinion in Pelliccia v. Department of Education that I have cited on my AVVO home page.

  2. Do I need to be behind on credit card payments before I file for Chapter 7?

    Answered over 4 years ago.

    1. David J. Harris
    2. Michael D O'Brien
    2 lawyer answers

    No. You do not need to stop payments on your cards before filing for Chapter 7. As it takes a little bit of time to gather all the necessary information to prepare the forms to file a bankruptcy case, I am sometimes asked by potential clients whether they should stop payments while gathering the information for filing. My answer will depend on the circumstances of the particular case, but often, after I determine that the client qualifies for a chapter 7 case and the client has committed to...

  3. Is Ch 7 BK trustee entitled to any of the excess proceeds from lender’s foreclosure of home that sold for more than mortgage?

    Answered over 4 years ago.

    1. Hamid Jabbar
    2. David J. Harris
    2 lawyer answers

    It depends on whether you have an exemption to protect the proceeds. In Pennsylvania where I practice, a debtor can elect to use the "Federal" bankruptcy exemption set. Thus, for jointly held real estate, a husband and wife can exempt $20,200.00 each in that real estate if it served as their principal residence on the date of their bankruptcy filing. Thus, they would be able to protect $40,400.00 of proceeds if their home were sold or liquidated (e.g., by foreclosure). For real estate...

    3 people marked this answer as helpful

  4. How to collect from nondebtor codefendant after bankrupt defendant paid bankruptcy plan and the lawsuit claim was discharged?

    Answered over 4 years ago.

    1. David J. Harris
    2. Alan James Brinkmeier
    3. Shawn B Alexander
    3 lawyer answers

    At the outset, you mentioned that both defendants had insurance coverage. Ordinarily, a plaintiff will seek relief in a bankruptcy case merely to pursue the debtor's insurance coverage and ordinarily, a debtor will consent to such relief if the plaintiff agrees to limit its pursuit to the defendant/debtor's insurance coverage. If the debtor in this case actually paid the plaintiff with his or her own funds, he or she would have a right of contribution against the co-defendant. If the debtor'...

    3 people marked this answer as helpful

  5. Will inheritance be protected from BK trustee’s seizure if more than 6 months after filing but less than 6 mos since discharge?

    Answered over 4 years ago.

    1. Lonnie K McDowell
    2. David J. Harris
    2 lawyer answers

    For Chapter 7 cases, Section 541 of the Bankruptcy Code only brings in inheritances where the person passed away within 180 from the date of the filing of the bankruptcy petition. Therefore, if your mother passed away more than 180 days from your filing, any inheritance will be protected from the trustee. Note: the 180-day rule does not apply in a chapter 13 case.

    2 people marked this answer as helpful

  6. Husbands ex-wife giving out ower number to her colecters

    Answered over 4 years ago.

    1. David J. Harris
    1 lawyer answer

    Simply, let each caller know that your ex-wife does not reside with you and that its call is in error. Keep track of each company that calls and the name of the caller. If the company or caller calls a second time, advise him or her that you intend to file a complaint with your state attorney general's office if another call is made. If the company calls a third time, report the company and caller to your state attorney general's office and find out as well if it has a "do not call" program....

    2 people marked this answer as helpful

  7. Can I put Tax debt in filed the CH 7?

    Answered over 4 years ago.

    1. David J. Harris
    1 lawyer answer

    First, all debts must be listed on your bankruptcy schedules, whether they are dischargeable or not. Second, some kinds of taxes are dischargeable in a bankruptcy case and and some are not. For the most part, excise, sales and withholding taxes are not dischargeable. A person's income taxes can be dischargeable if: (A) the taxes became due more than 3 years prior to the bankruptcy filing (e.g., 2009 taxes are due on April 15, 2010 and can therefore be discharged no earlier than...

    1 person marked this answer as helpful

  8. I am going to be filing for Bankruptcy because there is no better alternative.

    Answered over 4 years ago.

    1. Angel Marie Van Wieren
    2. David J. Harris
    2 lawyer answers

    I am a practitioner in Pennsylvania. However, my answer to your question will apply in all 50 states. Simply, if have have the addresses, list both the credit card company and its address and the collections agency and its address. If you do not have the credit card company's address, it is readily accessible on the Internet. Just the the name of the company on Google.

    1 person marked this answer as helpful

  9. Divorce and bankruptcy.

    Answered over 4 years ago.

    1. David J. Harris
    2 lawyer answers

    I practice in Pennsylvania and can only speak as to the law here. While the law may differ from state to state, generally a divorce court's declaration is effective only as between the divorcing parties and not as between the divorcing parties and creditors. Thus, if you and your ex-husband owed money to a credit card company, you each remain 100% liable to the credit card company, even though you may have a divorce-related settlement agreement that states that he is liable to pay the...

    1 person marked this answer as helpful

  10. As result of foreclosure, can mortgage company seize control of my equity in small company?

    Answered about 4 years ago.

    1. Daniel Mark Press
    2. David J. Harris
    3. Theodore Lyons Araujo
    3 lawyer answers

    The answer to you question will be state-dependent, but my response below is broad enough to address many contingencies, including what may apply in your state. In Pennsylvania where I practice, a foreclosing creditor has 6 months following a foreclosure sale to bring a deficiency action. If the creditor fails to do so, it is barred in bringing a deficiency action in the future. In Pennsylvania, I have found that banks rarely pursue a deficiency action following a residential mortgage...