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Demetri A. Braynin
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Demetri Braynin’s Answers

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  • How can I file bankruptcy without loosing my car

    Do I have to put my car in the bankruptcy

    Demetri’s Answer

    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 it from the creditors. In fact, most of Chapter 7s are "no-asset" cases. This means that debtors get to keep ALL of their property and still have their unsecured debt completely wiped out. Go to speak to an attorney who is licensed in Maryland... If the only asset that you're worrying about is your car, something tells me that you will have more than enough allotted exemptions to keep your vehicle. Good luck.

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  • Is a court judgement discharged when a person declares bankrupcy?

    Our condo association was awarded a $5000 judgement against the developer of our building . He was also granted a request to pay a monthly installment of $500 until paid. It was also stipulated that if he was late or neglected to make a payment th...

    Demetri’s Answer

    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 case and the size of the bankruptcy estate, you may end up spending more than $5,000 in legal fees.

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  • Hi my fiance just got arrested for driving under dui suspension what are options in pa without doing 90 days jail time

    dui is couple years old . bike was taken and he was placed in jail or a bench warrent for something old that he thought was already suppose to been handled

    Demetri’s Answer

    This sounds like a 1543(b). If your fiance was indeed charged with a 1543(b), I would recommend that he/she attempt to plead down to 1543(a). Although, this outcome will yield a license suspension of 1-year, the fine is smaller and there's no mandatory jail sentence.

    However, I suggest that you speak to a lawyer first. Based on the facts and some mitigating factors, your attorney may even be able to dismiss the charges.

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  • Remit corporation has put a judgment on my bank account. How do I get it removed?

    I called Remit to settle this judgement, they informed me that the judgement can not be removed until I pay the debt in full. I tried to explain to them that all my money is in this account and I won't be able to pay bills until the judgement is r...

    Demetri’s Answer

    Sounds like a Remit filed a writ of execution with garnishment interrogatories address to your bank. You should have received a copy of this writ (served by a sheriff) along with lengthy forms which allow you to have an exemption hearing. You need to fill out those forms and request such hearing. If the judge sides with you, the court can force Remit to dissolve the garnishment and release your funds.

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  • Can one sue for triple & distress damages on a signed promissory note?

    Defendant borrowed $ 5k on 5 Dec 2011 to pay back $7500 at the latest by 26th Dec 2011. agreed & signed the Prom. note.Defendant buys cars & jump their titles paid $300 end of Jan 2012 ever since he does not return calls/texts. He's married to ...

    Demetri’s Answer

    Treble damages are generally statutory. Applying the basic principals of contract law, you will only be allowed to bring a claim for the principal amount, along with court costs. Interest and/or attorney fees will not be awarded unless such terms were negotiated in your promissory note or provided for by applicable statute.

    In order to "seize" his assets, you will first need to obtain a judgment against him. In my jurisdiction, you will next need to file a writ of execution along with garnishment interrogatories address to any bank where you believe defendant keeps his money. Also, keep in mind that in most jurisdictions, you will not be able to seize any jointly held assets (this includes bank accounts) unless a judgment is obtained against both husband and wife. In your situation, it was defendant alone who signed the promissory note. As such, unless his wife cosigned on the note or signed a surety agreement, you do not have a cause of action against her. Thus, assuming you get a judgment against him, but his assets are jointly held together with his wife, it is highly unlikely that you will be able to collect on that judgment.

    Please note that this is just a brief overview of the process. I would suggest you contact a local attorney. Attorney licensed in Michigan will be in a better position to answer your questions. Good luck.

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  • I have put off the notion of bankruptcy, but am feeling as though that may be my only recourse. I need advice. HELP!

    My financial situation has been in disarray since my divorce 5 years ago. I still own the home but have fallen behind on payments and what extra I have paid (thinking it would go towards the past due amount) has only been used to pay on the intere...

    Demetri’s Answer

    It sounds to me like you want to keep your house. As such, Chapter 13 would suit your situation better.

    The law allows for individuals to keep most (if not all) of their property and personal belonging up to a certain dollar amount. In Chapter 7, if your personal property is worth significantly more than what the law allows you to keep, then it will be sold at an auction and that money will be distributed amongst your creditors. Most Chapter 7 cases last about 3 months, at the conclusion of which you will receive a discharge that will erase many of your debts.

    In a Chapter 13 case, you will be allowed to keep all of your property regardless of value, but you must file a plan with the court promising to make payments and repay a portion of your debt. During the time of the repayment plan, the law forbids creditors from initiating collection proceedings without permission from the court. In my experience, most consumers who file Chapter 13 are those who fall behind on their mortgage payments and want to avoid foreclosure.

    Hope this gives you some perspective to make a correct decision. Good luck.

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  • How can I dispute a credit card debt. that I am being sued for?

    I am being sued by a collection company that purchased an ol credit card debt. So far I have ask for proof of ownership finnal charges and a copy of the original contract. Of those items I received a list of charges and proof of the debts purchase.

    Demetri’s Answer

    • Selected as best answer

    How old is the debt? It might be outside the statute of limitations. Additionally, in my jurisdiction creditors must attach exhibits which establish their right to a judgment. A list of charges and proof of purchases is not sufficient to establish a breach of contract claim (which is essentially what this is). Creditors need to prove that you assented to the original account at issue.

    Where a creditor fails to attach a copy of the original credit agreement, the courts have uniformly dismissed similar efforts to collect upon alleged credit card debt. See, e.g., Asset Acceptance, LLC v. Madden, Docket No. 2912 (Pa. Com. Pl. Fayette Co. 2009); Belmont Financial Services Group, Inc. v. Hawkins, Docket No. AR07-010035 (Pa. Com. Pl. Allegheny Co. 2008); Capital One Bank (USA), NA v. Clevenstine, Docket No. 4139 (Pa. Com. Pl. Centre Co. 2008).

    Hope this helps. Good luck.

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  • 19 yr old daughter got a citiation at the phillies game for underage drinking what is the fine?

    she has no other tickets, good kid in nursing school. holding the beer and took 1 sip

    Demetri’s Answer

    I'm currently representing a client who is in the exact same position. The fine can be up to $500.00. First offense carries a 90 day driver's license suspension.

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  • 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

    i live in vancouver washington, and i had heard that you can go after the company who did this for up to $1,000 is this true. i am pissed they did this to me.

    Demetri’s Answer

    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 that the letter you received could be a simple oversight on behalf of the creditor. If the bill you received is for a consumer debt, I would suggest that you contact the creditor with proof of payment and request from them a letter which validates the debt. If the creditor refuses to comply with this request, or threatens you in some way, I would go ahead and speak with an attorney in your area. Since reasonable attorney fees are generally recoverable under the FDCPA, you will likely end up not having to pay attorney fees out of pocket. Good luck.

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  • The deadline for objections to my discharge passed in my chapter 7 bankruptcy passed. Can the Trustee still object?

    The deadline for objections to discharge has passed. At the original 341(a) hearing it was continued cause the Trustee wanted me to amend the schedules. I did this. Now there is another 341(a) hearing set but I need to go out of town. Can the Trus...

    Demetri’s Answer

    If you miss your 341 meeting, there is a chance that trustee may dismiss your case. Get in touch with your attorney to let him/her know about your situation. If you don't have a lawyer, contact the trustee assigned to your case and ask to schedule a new meeting date. Additionally, you will need to notify every single creditor (refer to your creditor matrix) of the new hearing date. Lastly, you will need to file a notice with the court and proof of service. I strongly recommend that you contact an attorney to do this for you.

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