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Demetri A. Braynin

Demetri Braynin’s Answers

46 total

  • I only have an income of 300.00 from welfare will I be able to file for the fee.wavier for bankruptcy?

    I am a singel mother of one. And have no real income but what I get from welfare

    Demetri’s Answer

    Based on the facts provides, yes. You are clearly below the 150% poverty level threshold. As such, you will likely qualify for a fee waiver. Additionally, you should also apply for a fee waiver when you do your credit counseling. Use hummingbird.org as they have all the necessary forms on their website. Good luck.

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  • 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

    I got a loan approval from sallie may about 10 years ago for school that i never went to. I checked the statute of limitations and i know this loan is well beyond the status of militations. My question is ... if i am married and my wife has money...

    Demetri’s Answer

    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.

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

    Long before this settlement, I was approved and in the process of speaking to an attorney when my husband was advised by an outside party to use the money we had saved for filing, on a debt consolidator- which did virtually nothing. I received a s...

    Demetri’s Answer

    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 about what happened to it. If you used the money to hire a bankruptcy attorney, credit counseling or payoff some of your debt, the trustee will generally have no objections.

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  • Should I file jointly with my Husband?

    My Husband is in the process of hiring a lawyer to file Chapter 7. What are the pros and cons of filing/not filing jointly with him? I have about $8k in credit card debt that has gone to collection. I recently started an LLC in my name alone, t...

    Demetri’s Answer

    Filing jointly is the best way to protect jointly owned assets. If you are listed as a codebtor on specific debt and won't file for bankruptcy, creditors have the right to come after you for payment. If you file jointly with your husband, the automatic stay will protect you from any further collection proceedings.

    Based on the facts provided, your husband holds no interest in the LLC, but merely helps you run the business. If he files solely by himself, any income that he receives in return for his services will need to be disclosed on his petition.

    Your question has a lot of "if-that" scenarios. As such, it is very difficult to give you a straight answer. Speak with your lawyer about your options. Good luck.

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  • Is there some type of Motion I can be file in Bankrupty Court to receive a Discharge even if the Trustee is Filing for Dismissal

    I have a creditor that has filed several motions with the court and I have no Idea what they mean or how to respond. I filed Chapter 7 for a reason: I am totally broke. If I print one more document; I will run out of ink. I can't afford to mai...

    Demetri’s Answer

    Dismissal because of your schedules? It sounds like you did not file every appropriate document and/or schedules with your Chapter 7 petition. Check your petition and make sure Schedules A through J were filed. These schedules MUST be filed, even if left blank. I would also suggest that you contact your local CBAP office to see if they can help. Good luck.

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  • Can I file bankrupcy on a judgment for an insurance accident claim.

    Hello, I received a letter in the mail stating that my license is going to be suspeneded due to a Judgment from an insurance Company for 25k. Is it possible to file bankruptcy on this so i can keep my licence? I need to drive to work to pay t...

    Demetri’s Answer

    Simply filing for bankruptcy will not guarantee you a discharge. Remember, you need to qualify and pass through the rigors of the means test. In your case, the insurance company is just another unsecured creditor who will be mentioned on Schedule F in your bankruptcy petition. The attorney above makes a good point about possible administrative pitfalls. Tread carefully and good luck.

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

    I am 18. I shoplifted at Kohls about a month ago. in total i stole 2 pairs of earrings, amounting to about 23$. i was arrested, but the merchandise was recovered, with no damages. i was put into pretrial intervention program, which i am currently ...

    Demetri’s Answer

    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.

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  • I have a warrent for my arrest in Indiana but I live in Ohio?

    I didn't know about my court date until the day before I sent in a request for a new date it was denied. I have a nine month old daughter a job and an apartment and no car. I couldn't. Get a ride there. Now I have a warrent for my arrest it was fo...

    Demetri’s Answer

    It sounds to me that there was a bench warrant issued. A bench warrant is generally issued when a person misses a scheduled court date. Generally, nothing happens unless your name is ran through a state database. Thus, if you get pulled over in Indiana, you will be placed under arrest. If you post bail, a new hearing date will be set to deal with original charge of underage consumption. Please note that bench warrants do not have an expiration date. I suggest that you speak with a local attorney in the county where you were charged.

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  • I filed for Chapter7 the other day. if I file an insurance claim, is that money that i get going to go to the trustee?

    My insurance company came out today to see if I could make a claim on my roof from a storm that happened several weeks ago. I did not had an appt Monday morning (the day of my filing) but it rained so the insurance company rescheduled the adjuster...

    Demetri’s Answer

    During your 341 meeting, the trustee will ask you if your financial position has changed or whether you are expecting to receive some additional funds not listed on your schedules sometime in the near future. It is not a good idea to lie to the trustee, as you will expose yourself to potential (and often severe) penalties. Remember, any assets which cannot be exempt will be surrendered to the trustee and distributed amongst your creditors.

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  • Chapter 7 Bankruptcy. Schedules E and F: What is the difference between priority claims and non-priority claims?

    Which creditors go on which Schedule

    Demetri’s Answer

    Non-priority claims listed on Schedule F are dischargeable. Priority claims listed on Schedule E are either non-dischargeable or are entitled to payment above other creditors if there are assets available.

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