David W Kestner’s Answers

David W Kestner

Suitland Chapter 7 Bankruptcy Attorney.

Contributor Level 8
  1. How to file a petition for Bankruptcy Chapter 7 for Undue Hardship to forgive private student loans?

    Answered over 2 years ago.

    1. Cer Trevor E Carson
    2. David W Kestner
    3. Shalem Shem-Tov
    4. Jonathan David Leventhal
    5. Robert A. Stumpf
    6. ···
    6 lawyer answers

    As previously mentioned it is unlikely you will be successful under these facts. However, to answer your question, the process would be to file a chapter 7 petition and then file an adversary proceeding to declare the debts subject to discharge. This adversary proceedings, is in the nature of litigation, and it would not be recommended that you proceed without an attorney to represent you. You would need to be familiar with the law, the rules of procedure and evidence, compliance with...

    12 lawyers agreed with this answer

  2. Now that the probate made it into the court web site how long before they have a PR assigned

    Answered over 2 years ago.

    1. Adam Troy Rauman
    2. Marian Audrey Lindquist
    3. Lawrence Jay Davis
    4. David W Kestner
    4 lawyer answers

    This depends on local practice. Call the local probate division and ask the question. It may be that the petition has been filed, but that it is insufficient, there may be unmet bond requirements, etc. It is unclear if you are the pending purchaser of the house, an heir of the decedent or perhaps an agent.

    3 lawyers agreed with this answer

  3. Is the money is a sole bank account martial property?

    Answered over 2 years ago.

    1. David W Kestner
    2. Brian Chiles Tevis
    2 lawyer answers

    While this is likely marital property, marital property is only relevant on the date of divorce, at which time the court can take such action to divide joint property or to grant an award to equitably distribute the property. Since the property is not joint, it is titled to him and removing the property without his permission or using his card could be construed as theft.

    1 lawyer agreed with this answer

  4. Chapter 7 Bankruptcy - Survivorship/Malpractice Settlement

    Answered over 2 years ago.

    1. Robert A. Stumpf
    2. David W Kestner
    3. Stuart M Nachbar
    4. Ryan Douglas Caldwell
    4 lawyer answers

    Maryland's exemptions include an exemption for "money payable in the event of sickness, accident, injury or death of any person". There is some dispute as to whether this allows exemption for economic damages, so your bankruptcy attorney would have to look at that issue. If you are only 60 days past due it is unlikely the creditors will take any formal action and when they do, they will have to sue you before they can garnish, etc. This will take some time. I am not sure you need to...

    1 person marked this answer as helpful

  5. Can a default judgement be vacated after Chapter 7 Bankruptcy Discharge?

    Answered almost 2 years ago.

    1. Thomas C Valkenet
    2. Lawrence Roger Holzman
    3. Harry Edward Hudson Jr
    4. David W Kestner
    4 lawyer answers

    If there was a final judgment entered before your bankruptcy was filed, and if the judgment was in the Circuit Court of the county in which your real property is located, you would want to vacate the judgment or otherwise try to avoid the lien as a preference. If you don't own real property, or if the judgment was in District Court and no notice of lien is filed the judgment is a nullity and no action is needed. If the bankruptcy has closed there is no stay of your action in the case and you...

  6. Can my lawyer demand that I pay my bill in full before continuing to represent me in a divorce and child custody case?

    Answered over 2 years ago.

    1. David W Kestner
    2. Virginia Giselle Alvarez
    2 lawyer answers

    Your lawyer has an ethical duty to continue to represent you until a court grants her motion to withdraw. Such motion will generally be granted unless your court date was imminent, in which case the court might deny the motion. She can not refuse to communicate with you until her motion is granted.

  7. How do I file for divorce if I don't have her adress and she refused to give it ti me when asked?

    Answered over 2 years ago.

    1. David W Kestner
    2. Curt Perri Bogen
    2 lawyer answers

    If you are filing this yourself without an attorney, you need to hire a process server to attempt service at the last known address. If that is unsuccessful, you can file an motion for alternate service. if you can show her taking actions to avoid, that should be sufficient. Otherwise, you can file such a motion after taking substantial attempts to locate i.e. MVA search, internet searches, inquiries to her family member, friends, last employer, etc.. If it comes to that, I would recommend...

  8. Is my stepdaughter protected if i cosigned for a car and I am filing chapter 7 bankrutpcy?

    Answered almost 5 years ago.

    1. Daniel Mark Press
    2. Alon Joseph Nager
    3. Jillian K Aylward
    4. David W Kestner
    5. Danielle Jeanne Eliot
    5 lawyer answers

    Double jeopardy is a criminal law concept. Your discharge in chapter 7 will not protect your daughter and the consumer debt stay applicable in Chapter 13 cases does not stay proceedings against your daughter, during the pendency of the bankruptcy. So long as your stepdaughter is liable on the note, which seems the case, it is likely the bank will eventually sue her for any deficeincy after sale.

  9. My chapter 7 has been discharged and recently recieved a notice that my loan was recently baught by bank of america

    Answered over 4 years ago.

    1. James C Underhill Jr.
    2. David W Kestner
    2 lawyer answers

    You should apply for a modification as this will, at a minimum, buy you more time in the property, and may result in a resolution of your arrears and reduction in your interest rate and monthly payment. I would not advise you to leave as you are essentially living "rent-free" until the property is sold, and during this time you can save your housing expense money for future housing, if necessary.

    1 person marked this answer as helpful

  10. My landlord has let two out of her four tenants free rent until the chapter 7 and foreclosure process is over. Is that legal?

    Answered over 4 years ago.

    1. Dorothy G Bunce
    2. David W Kestner
    2 lawyer answers

    This is really not your issue. Until the foreclosure occurs, the landlord has the right to the rent from the unit as the tenants right to possession has not been (and may not be) affected by an actual or potential sale. It is likely that her loan documents assign her rents to the lender anyway so that there is a potential that the lender would retain a claim for the forgiven rent against the tenants. This is probably not a problem as a practical matter. As to your last question, she may...

    1 person marked this answer as helpful