Michael Anthony Cataldo's Answers

Chapter 7 is discharged. No Reaffirmation was filed. Mortgage company wants a reaffirmation. Is this legal and binding?

Reaffirmation agreements must be filed before discharge.They can only be legal if the case is re opened for that purpose and then filed.Yes you will still get year end statements .Yes you can continue to pay voluntarily

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My chapter 13 BK case has been dismissed, as my payment ballooned from $540 to $1,216 a month, and I can't afford that new payme

It is troubling that the chapter 13 changed so dratically. Most likely it was because of a poor chapter 13 plan to start of you underestimated certain debts to your attorney. Regardless they can pursue you immediately after dismissal picking up where they left off.Once the case is dismissed the attorney is no longer your attorney unless you retain him or her for a new case. In Pa the amount you paid in would be refunded to you only if your case was dismissed prior to confirmation. However if...

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Credit card debt settlement with collection agency - need an affordable attorney from Miami area.

You can also contact the local bar association in Miami. Most states have lawyer referral services

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How can I avoid a civil judgement being issued and put on my credit?

that is tough because if you agree to a payment plan they normally want a judgment by agreement that they will satisfy after your last payment is made. Call them, if you have been paying you might find they coperate with your request. Perhaps you can enter an agreement that you pay within 90 days or they get an uncontested judgment for any balance at that time if you do not pay.

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Can I avoid having to go to an arbitration hearing against a collection agency?

Yes, they can be resolved, but it takes two sides to tango. If not resolved an arbitration is a hearing where the rukes of civil proceedure and evidence apply. Your attorney cannot prevail and get the damages you are seeking without you there

A contractor filed a lien on our property but only in my husband's name, can I fight it based on all our property is joint?

YES, MY UNDERSTANDING IS THAT THE CONSTABLE CAME OUT AND LEVIED ASSETS. yOU NEED TO FILE A THIRD PARTY CLAIM FOR EXEMPTION. INCLUDE A COPY OF THE MAIRRAGE CERTIFICATE AND ANY RECEIPTS SHOWING ITEMS PURCHASED IN YOUR NAME AND / OR JOINT NAMES. THE SHERIFF SHOULD ENTER A DETERMINATION THAT THE PROPERTY IS TENANTS BY THE ENTIRETY. YOUR HUSBAND WOULD NOT WANT TO FILE BANKRUPTCY OVER THIS ONE SMALL DEBT. BUT IF THERE ARE OTHERS HE CAN FILE AND TAKE THE STATE EXEMPTIONS AND AVOID THE INCHOATE LIEN ---...

I have have exceeded my savings of 33k and need to file chapter 7. I can supply all docs; know the system, what should a fee be?

Consultations should be free. A straight forward chapter 7 should run you $1,500 to $2,000. There are many factors to consider. An attorney should be able to qoute you a price after a detailed consultation

Can I file for bankruptcy even if I don't live in the USA anymore?

I would add in Pa. the trustee would allow you to go to the embassy to conduct the meeting by phone. My last one was done by Skype with a client now living in Argentina

My fiance has a judgment due to unpaid credit card debt; if we get married and file separately, will i ever be liable

You are not responsible for those debts. You do not need to file separately because of these debts. Why are you going to file separately. There are reasons which may or may not apply to you. If possible pay for one case and not two

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My wife died very recently and I am unsure what is the best way to handle my outstanding debt.

I agree. Most attorneys offer free consultations. As suggested you can use the AVVO attorney finder. You can also go to the american bankruptcy institute to find a board certified attorney in your area. www.abiworld.org

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