Dmitry A. Braynin’s Answers

Dmitry A. Braynin

Huntingdon Valley Bankruptcy Attorney.

Contributor Level 7
  1. Does a landlord need a reason to not renew a lease? The lease on the property is up on 8/1/2012

    Answered almost 3 years ago.

    1. Nancy L. Lanard
    2. Dmitry A. Braynin
    2 lawyer answers

    No, this is not an eviction; and no, the landlord does not need a reason not renew a lease. Based on the facts provided, if you receive a notice from the landlord within 30 days prior to expiration of the lease, you have to move out by the end of the month. If no notice is received, you can remain on the premises on month-to-month basis. Although period tenancy does not have a definite period, one thing to keep in mind is that according to the terms of your lease, either you or the landlord...

    1 person marked this answer as helpful

  2. Would it benefit me by hiring an attorney to possibly file a law suit against a debt collection agency for illegal practices?

    Answered 11 months ago.

    1. Lynn Ellen Coleman
    2. Paula Brown Sinclair
    3. Richard Glenn Elie
    4. Dmitry A. Braynin
    5. Tregg Robert Lunn
    5 lawyer answers

    If you believe that a debt collector used unlawful tactics in its attempt to collect a debt, then I would recommend that you contact an attorney. The FDCPA is a strict liability statute, meaning that the judge can require the debt collector to pay you up to $1,000, even if you can’t prove that you suffered actual damages! You also can be reimbursed for your attorney’s fees and court costs.

    2 lawyers agreed with this answer

  3. I settled my account but have no letter to confirm. I have court in 5 days, what should I do?

    Answered about 2 years ago.

    1. Dmitry A. Braynin
    2. James M. Osak
    3. Jeffrey Scott Hyslip
    3 lawyer answers

    Here's how I'd handle something like this...Call the law firm again. Ask for a copy of the settlement letter. Once you get off the phone with them, fax them a letter confirming the conversation that just took place. Mention in that letter who you spoke with and that there is a settlement agreement in place. Save the confirmation page. If you still don't receive anything prior to the hearing date, then go to the hearing with a copy of this letter and tell the judge that you've settled the...

    2 lawyers agreed with this answer

  4. Should I Inform Capital One/Pollack & Rosen I am Judgment-proof , together with my answer? Thank you.

    Answered about 2 years ago.

    1. Lewis Matthew Roberts
    2. Rex Edward Russo
    3. Dorothy G Bunce
    4. Dmitry A. Braynin
    4 lawyer answers

    Did they file a complaint against you? If so, it probably makes no difference to them that you're judgment proof. Based on my experience, if they paid a court filing fee they will attempt to get their judgment. I had a case where one collector sued an 84-year-old disabled lady. I took the case pro bono and managed to get a favorable outcome. Like I said - it makes no difference to them.

    2 lawyers agreed with this answer

  5. Hello, I was sued as a defendant for credit card debt of $16,545.46. I was laid off last November and don't have a house and car

    Answered about 2 years ago.

    1. Andrew M. Doktofsky
    2. Dmitry A. Braynin
    3. Eric Edward Rothstein
    4. Diane L Gruber
    4 lawyer answers

    Based on the facts provided, I would strongly advise you not to withdraw any money from your 401(k) account. This retirement account is a protected asset and generally cannot be touch by the creditors. If you have no income and no other assets, you are a "judgment proof" debtor. This means that even if the credit card company obtains a judgment against you, it is highly unlikely that they will be able to collect on it.

    2 lawyers agreed with this answer

  6. How can I file bankruptcy without loosing my car

    Answered almost 3 years ago.

    1. Dmitry A. Braynin
    2. Ronald Jay Drescher
    3. Joseph Lenti II
    4. Anudeep Kaur Singh
    4 lawyer answers

    A very common misconception of bankruptcy is that you will lose all your assets and everything you own will be repossessed and sold off. This is far away from what actually happens. Bankruptcy laws are designed to give debtors a "fresh start" after a financial crisis or unforeseen event, not make them destitute for the rest of their lives. Although, you will need to disclose on your bankruptcy petition the fact that you own a vehicle, it is possible to use state or federal exemptions to shield...

    2 lawyers agreed with this answer

  7. I got a collections letter for a bill that i have already paid and have the reciept for. can i go after them for doing this

    Answered almost 3 years ago.

    1. Dmitry A. Braynin
    2. Tim L Eblen
    2 lawyer answers

    You did not provide enough facts to give you straight answer. Section 813(a) of the Federal Debt Collection Practices Act (FDCPA) does provide for a remedy of up to $1,000 to a consumer who is victim of unlawful debt collection tactics. This federal law only applies to consumer debts and only to third party debt collectors, not the original creditors. Sections 804, 805, 806, 807 and 808 of the FDCPA mention specific rules/instances that debt collectors must follow and/or avoid. Keep in mind...

    2 lawyers agreed with this answer

  8. I am afraid of getting sued by kohls, i have gotten letters saying i need to pay 200$, because i shoplifted 23$ of merch.

    Answered almost 3 years ago.

    1. Elmer Sanchez
    2. David Richard Damore
    3. Dmitry A. Braynin
    3 lawyer answers

    I don't think that Kohls will pursue this through a civil matter. However, criminal charges can be brought against you where you will be forced to pay restitution to the store.

    2 lawyers agreed with this answer

  9. I need to file for bankruptcy, and I cannot afford an attorney, I have been getting behind on my , bills, ...

    Answered almost 3 years ago.

    1. Dmitry A. Braynin
    2. Brent Allan Rose
    3. Brian David Zinn
    4. Daniel Tam
    5. Ronald Jay Drescher
    5 lawyer answers

    I would suggest that you contact your local Consumer Bankruptcy Assistance Project (CBAP). If you pass their criteria, they will assign you a lawyer who will file a Chapter 7 petition on your behalf free of charge.

    2 lawyers agreed with this answer

  10. Is a court judgement discharged when a person declares bankrupcy?

    Answered almost 3 years ago.

    1. Dmitry A. Braynin
    2. Bruce C Truesdale
    3. Stuart M Nachbar
    4. Michael J Corbin
    4 lawyer answers

    In this instance, the condo association is an unsecured nonpriority creditor. That being said, if the developer filed for Chapter 7, the judgment that you obtained against him will likely be discharged in bankruptcy. If developer filed for Chapter 11/13 protection, take a look at the proposed payment plan and see how your judgment is treated. In my experience, filing and pursuing action through adversary proceedings is a costly and very time consuming process. Depending on complexity of the...