Lawrence S. Rubin’s Answers

Lawrence S. Rubin

Media Chapter 13 Bankruptcy Attorney.

Contributor Level 15
  1. Converting from Chapter 13 to Chapter 7

    Answered 9 months ago.

    1. Lawrence S. Rubin
    2. Donald C. Darnell
    3. Shaye Larkin
    3 lawyer answers

    The trustee will not file the conversion for you. You need a lawyer to do this. You will need to so a Means Test (form 22a) and revisit all of your schedules. You can add new creditors as well. Don't do this on your own. Get a local attorney to help you. DO NOT use a bankruptcy petition preparing service!

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  2. I about $10,000 in debt, am i going to jail? will my husband be okay?

    Answered 9 months ago.

    1. Lawrence S. Rubin
    2. David M. Axinn
    3. Frederick Edward Davis
    4. Kelly G. Lambert III
    4 lawyer answers

    Jail? Yes, and you will be beheaded as well. Who told you that owing money was criminal? I hope that you were told that by a collector, because that would be a wonderful FDCPA case. However, if you thought that on your own, the answer is, of course not. Owing money, no matter how much, has never been a crime. I handle many cases like you and many are in far worse shape. Many lawyers, like myself, would be happy to give you a free consultation regarding a chapter 7 or 13. It is quite...

    11 lawyers agreed with this answer

  3. Business Owner files for Chapter 7 Bankruptcy but does not list asset on the bankruptcy filing, can anything be done?

    Answered about 1 year ago.

    1. Lawrence S. Rubin
    2. Dorothy G Bunce
    3. Christine B. Adams
    4. John Melville Caraway Jr.
    5. Barbara Lee Franklin
    5 lawyer answers

    You have several options, however, you really need to retain a lawyer to determine the proper course. You could report it to the trustee, to the US Trustee, or even file an objection to the debtor receiving a discharge or to the dischargeability of your debt. These are not easy issues to resolve and there are up sides and down sides to each course of action. What I am saying is that you should do nothing without getting advice of bankruptcy counsel, and not just any attorney, but one that is...

    11 lawyers agreed with this answer

  4. If you are currently employed and are only eligible for chapter 13, Can you switch to a lower paying job, to file chapter 7?

    Answered over 1 year ago.

    1. Lawrence S. Rubin
    2. Stephen M. Dunne
    3. Dorothy G Bunce
    4. Diane L Gruber
    5. Ronald S. Cook
    5 lawyer answers

    Yes, and you may not even need to: A.Wait the six months; B. Take a lower paying job; or C. Worry about your job after the discharge. You don't necessarily need to make less than the median income to qualify for a 7. A lot depends on your overall expenses and your mortgage and car loans. The 6 month wait may not even be necessary depending on what you made on the average during the prior six months. What you earn after you get a discharge is not counted. In short, there is a lot to...

    11 lawyers agreed with this answer

  5. I loaned money to a person in March and they won't pay me back - can I take them to court? I paid by check and it was $4000.

    Answered 9 months ago.

    1. Lawrence S. Rubin
    2. Robert J Adams Jr.
    3. Gary Ralph Ilmanen
    3 lawyer answers

    I am assuming you mean you loaned the person $4,000 and you have a cancelled check to prove it. Then certainly, if there is a default, you can sue. I would start with magistrate court in your district. The filing fees are cheaper and you don't need a lawyer. Make sure you bring all of your proof to court at the time.

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  6. Can a debt collector add to the amount of a judgement that's already made?

    Answered over 1 year ago.

    1. Lawrence S. Rubin
    2. Joseph A Mullaney III
    3. Ian Richard Leavengood
    3 lawyer answers

    Once a judgment is entered, only legal interest (6% in PA) and record costs can be added. I would ask the collector for specific charges that he alleges are now owed. If he is collecting anything besides 6% simple interest, actual record costs (filing fees, sheriff's fees, and actual paid court costs), then I would seriously think about bringing an action against the collector under the FDCPA. Collectors are simply not permitted to add things like attorney's fees, internal collection costs,...

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  7. My credit is going to crap because of signing up for debt settlement promising to pay off my debt in 42 months is this good /bad

    Answered 3 months ago.

    1. Lawrence S. Rubin
    2. Gregory Thomas Artim
    3. Nathan D McKinney
    4. Brent Francis Vullings
    5. Gerard William O'Brien
    5 lawyer answers

    I do not agree with Mr. O'BrIen. I do not agree that debt settlement companies are a good way to deal with this problem. You need to get your status reviewed by a consumer attorney and evaluate all of your options, including a chapter 7 or 13. I am not saying you should file since in have not reviewed the facts, however, this option should be explored. It is a good idea to suspend payments to the debt settlement company and immediately get a consultation with an attorney. That lawyer can...

    9 lawyers agreed with this answer

  8. Can my daughters bankruptcy go on my credit report simply by my cosigning a credit card for her?

    Answered 4 months ago.

    1. Lawrence S. Rubin
    2. Alfred M. Abel
    3. David Craig Lee
    4. Derek R. Caldwell
    5. Stanley R Pietruska
    6. ···
    8 lawyer answers

    This is a common error. Parents who co-sign for their kids think that they will only be liable if their kids fail to pay. Unfortunately, there is no distinction between your daughter's debt and yours. When your daughter does not pay the debt, it is the same as you not paying the debt. The creditor does not need to notify you that your daughter is not paying the debt unless they agree to do you. You need to keep on top of things to see that the debt does not go into default. You are...

    9 lawyers agreed with this answer

  9. Can an individual Ch. 7 Bky filer in PA use the federal Bky exemptions in order to protect equity in h/w home?

    Answered about 1 year ago.

    1. Lawrence S. Rubin
    2. Jacques H. Geisenberger Jr.
    3. Alfred M. Abel
    4. Michael J Corbin
    5. John A. DiGiamberardino
    5 lawyer answers

    Mr. Geisenberger is correct, however, you also need to look at whether the debts themselves are joint, i.e., whether both spouses owe the money to the creditor. If both owe the money, then the exemption scheme may not matter. You should carefully examine your billing statements and determine who owes the money, and then discuss this with your attorney.

    9 lawyers agreed with this answer

  10. How does a foreclosure affect your credit if you surrender your home in a chap 7? prior to filing, all pymts were on time.

    Answered about 1 year ago.

    1. Lawrence S. Rubin
    2. Dorothy G Bunce
    3. John Anthony Zurzola
    4. Charles Ross Smith III
    4 lawyer answers

    If you default on a mortgage, your credit will be affected by that fact alone. This is true even if you "surrender" your home in a chapter 7. The fact that the payments were previously on time does not change the fact that you are reneging on your mortgage now. However, to get a more complete picture of bankruptcy, credit, and the bankruptcy discharge, speak to your bankruptcy attorney. If you need an attorney to file a case, there are many in this county, like me, that will help you. I...

    9 lawyers agreed with this answer

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