Dmitry A. Braynin’s Answers

Dmitry A. Braynin

Huntingdon Valley Bankruptcy Attorney.

Contributor Level 7
  1. I'm 26 years old with three judgements and a poor credit score. Should I file bankruptcy?

    Answered about 2 years ago.

    1. Robert N Braverman
    2. Ronald Jay Drescher
    3. Stuart M Nachbar
    4. Kevin Craig Carter
    5. Steven R. Neuner
    6. ···
    8 lawyer answers

    You will be able to rebuild your credit faster by filing for bankruptcy protection. A bankruptcy attorney can run a credit report which will actually estimate what your credit score will be 15 months after you file for bankruptcy. Assuming that you will not find yourself accumulating more consumer debt after discharge, your score will likely increase post-bankruptcy. Another thing that stood out to me was your college/graduate education. If you are like the rest of us, you had to borrow...

  2. In a 341 will creditors ask what I used the equity for?

    Answered about 2 years ago.

    1. Herbert Weinberg
    2. Mitchell Paul Goldstein
    3. Dmitry A. Braynin
    3 lawyer answers

    Trustees have a general list of questions, which they typically go through with every single debtor. If they see a red flag on your petition or any of the schedules, they will most certainly address it.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  3. Is the City of Chicago allow to collect a debt on tickets from an individual even though this debt was filed on a bankruptcy?

    Answered about 2 years ago.

    1. Marc Gregory Wagman
    2. Dmitry A. Braynin
    2 lawyer answers

    Government fines and costs are not discharged in bankruptcy. The city can certainly pursue collection action against you for any unpaid traffic tickets after you receive your discharge. Also, depending on your jurisdiction, certain traffic offenses can be classified as "quasi-criminal," and automatic stay does not protect you from any criminal prosecution.

    1 lawyer agreed with this answer

  4. I recieved notification from a law firm attempting to collect an old credit card debt. Can I go to jail for not paying this debt

    Answered about 2 years ago.

    1. Marissa Carranza Hernandez
    2. Michael Wayne Weston
    3. Dmitry A. Braynin
    3 lawyer answers

    Unless you are in contempt of court, you will not go to jail for failure to pay this debt. However, there are other underlying issues you should look at. When you say that you received a notification, do you mean a summons/complaint or simply a demand letter? In my jurisdiction, the statute of limitations to bring such action is only 4 years. I believe it might be the same in Texas. Consult a local debt relief attorney just to make sure. If you made no payments to this creditor for the past 4...

    1 lawyer agreed with this answer

  5. Is there a legitimate debt consolidator who will tell me if I should file bankruptcy or will provide assistance in minimizing?

    Answered about 2 years ago.

    1. Dmitry A. Braynin
    2. Stuart M Nachbar
    3. Alan D. Walton
    3 lawyer answers

    I will vehemently urge you not to take any legal advise from a debt consolidator. A licensed attorney in your area will surely be able to provide better guidance to you than a debt consolidator. Be careful.

    1 lawyer agreed with this answer

  6. Will a bankruptcy get rid of a timeshare and a RV loan

    Answered about 2 years ago.

    1. Gary Alan Armstrong
    2. Helene Thaissa W. Bergman
    3. Joseph Leo Bernwanger
    4. Dmitry A. Braynin
    4 lawyer answers

    Bankruptcy does allow for you to break executory contracts and unexpired lease agreement. However, based on the facts provided I'm not sure what you are trying to accomplish. Do you want to keep your RV? Timeshare? How current are you on your payments? Is this a personal loan? Is it secured by the RV? These are the questions you will need to address with your attorney. But speaking in general...If you are on social security, it is likely that whatever fixed income you have will not be enough to...

    1 lawyer agreed with this answer

  7. I have been being hounded by a debt collector over the lat few weeks regarding a student loan that i got about 10 years ago

    Answered about 2 years ago.

    1. Dmitry A. Braynin
    2. Michael A. Goldstein
    2 lawyer answers

    No, creditors cannot just "take" your money without due process. Generally, unless your spouse has cosigned on a loan, creditors cannot pursue collection proceedings against him/her. In my jurisdiction, before a bank account is garnished, you will be served with a writ of execution. The writ is generally served with numerous forms which allow you to ask the court for an exemption hearing where you will have an opportunity to precent your case in front of a judge.

    1 lawyer agreed with this answer

  8. I recieved a work comp settlement, but it doesn't come anywhere near the amount of my debt and I need to file bankruptcy...

    Answered about 2 years ago.

    1. Ted A Troutman
    2. Tom Arany
    3. Jay Bodzin
    4. Dmitry A. Braynin
    4 lawyer answers

    Based on the facts provided, bankruptcy may be a good option for you. Generally, any and all assets that fall outside allotted exemptions, will be surrendered to the trustee and distributed amongst your creditors. Your settlement award, no matter how small, is considered an asset. As such, when you file for bankruptcy, you will need to disclose this settlement award and any other pending lawsuits. If the money from this settlement is no longer in your possession, the trustee will surely ask...

    1 lawyer agreed with this answer

  9. Will Banruptancy remove a lien on property?

    Answered about 2 years ago.

    1. Marc Gregory Wagman
    2. Dmitry A. Braynin
    2 lawyer answers

    I would suggest that you first check and make sure that this lien is attached to your property. Remember, just because there is a judgment does not automatically mean that there is a lien encumbering your property. As previous attorney mentioned, it is possible to avoid the lien by filing appropriate motion with the court while your bankruptcy case is ongoing. You may need to do an appraisal to demonstrate to the court that the value of your home is less than what is currently owed to the...

    1 person marked this answer as helpful

  10. Debt/Legal Question: Collection agencies willing to drastically reduce if paid in full. How can I accomplish this?

    Answered about 2 years ago.

    1. Daniel Tam
    2. Dorothy G Bunce
    3. Dmitry A. Braynin
    3 lawyer answers

    Old medical bills are still considered an unsecured debt. If you are currently facing financial troubles, I would first contact your local attorney to see if he or she can possibly leverage bankruptcy to negotiate down your current balance. When debtor declares for bankruptcy protection, medical bills are generally dismissed. As such, many medical facilities are often willing to settle for only a fraction of the balance only to prevent you from filing for bankruptcy. Good luck.

    1 person marked this answer as helpful