Dmitry David Balannik’s Answers

Dmitry David Balannik

Rockville Foreclosure Attorney.

Contributor Level 7
  1. Can unpaid debt be considered income if I just don't pay it? I have some zombie debt from a charged off credit card which

    Answered about 2 years ago.

    1. Jeffrey B. Lampert
    2. Dorothy G Bunce
    3. Michael Avanesian
    4. Dmitry David Balannik
    5. Daniel Anthony DeLiberty
    5 lawyer answers

    A creditor has to issue the 1099 form. If you do nothing, it is not going to be treated as forgiven debt.

    4 lawyers agreed with this answer

  2. Wages being garnished from a 25 year old medical bill, wondering what I can do.

    Answered about 2 years ago.

    1. Dmitry David Balannik
    2. Dorothy G Bunce
    3. Brett D Weiss
    3 lawyer answers

    There are two ways to handle this - 1) there has to be a judgment and a court order to garnish wages. You will need to file a motion to vacate the judgment and request a new trial; 2) Perhaps it's just easier and cheaper to file a Chapter 7.

    Selected as best answer

  3. What if there is no equity in the home with a first and heloc loan. Can one of us buy the home by refinancing

    Answered 5 months ago.

    1. Shawn B Alexander
    2. Dmitry David Balannik
    3. David M Gormley
    3 lawyer answers

    Please rewrite the question in the way that makes it understandable as to what you are attempting to do. Are you trying to buy your house at a foreclosure?

    2 lawyers agreed with this answer

  4. Illegal Foreclosure as well as Illegal Loan Modifications

    Answered 6 months ago.

    1. Alan James Brinkmeier
    2. Dmitry David Balannik
    3. Matthew Scott Berkus
    4. Jonathan David Warner
    4 lawyer answers

    We frequently litigate foreclosure-related cases in Maryland. The defendants (note holders and/or servicers) usually file to remove these cases to the District of Maryland from the local county circuit courts. Theses cases take a lot of time and effort, and I cannot imagine anyone volunteering 60+ hours of their time given that the usual outcome is a modification but rarely a monetary award/attorney fees.

    2 lawyers agreed with this answer

  5. Is Chapter 13 right for me? What are the options and outcomes with Chapter 7? If 7, would I keep my home and property?

    Answered over 1 year ago.

    1. Charles Ross Smith III
    2. Robert A. Stumpf
    3. Jeffrey P Nesson
    4. Dmitry David Balannik
    5. Matthew Scott Berkus
    5 lawyer answers

    It depends on the desired outcome. As you probably know, the condo association can initiate a foreclosure. Thus, if it is your goal to become current on your condo fees, you will need to file a Ch. 13. However, given that you have many unsecured obligations, it might make sense to file a 7, get rid of your unsecured obligations (I am guessing that the trustee will be uninterested in your time share), and then, if needed, file a 13 to become current on your secured obligations. You will...

    2 lawyers agreed with this answer

  6. Can a collection agency charge interest monthly on the amt owed?

    Answered about 2 years ago.

    1. Lorrianne Jeanette Rice
    2. Dmitry David Balannik
    2 lawyer answers

    It can if the original contract provides for it. Further, you need to check if they recorded a lien. Please do not attempt to resolve this yourself, contact an attorney.

    2 lawyers agreed with this answer

  7. I just got my chapter 7 discharge and I wanted to know if there is a time frame after discharge for creditors to request payment

    Answered over 2 years ago.

    1. Joseph Wrobel
    2. Dmitry David Balannik
    3. Dorothy G Bunce
    3 lawyer answers

    Once the case is closed and the automatic stay is terminated, the creditors can proceed with collection activities immediately. Why weren't these debts discharged?

    2 lawyers agreed with this answer

  8. My home is up for forclosure I am on disability. 8 paymt. behind. Bank is aware. Have been out of work for awhile. Bills have

    Answered 6 months ago.

    1. Dmitry David Balannik
    2. Barry W. Rorex
    3. Brandy Ann Peeples
    3 lawyer answers

    Bankruptcy is certainly an option. However, you would be required to repay the 8-months arrearage in your Chapter 13 bankruptcy. Also, you can apply for modification. Either way, you must act quickly because the arrearage will become unmanageable as the time passes

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  9. A collection agency bought my foreclosed loan deficiency from the mortgage company.

    Answered over 1 year ago.

    1. Daniel C Carroll
    2. Dmitry David Balannik
    3. Cheryl Rivera Smith
    3 lawyer answers

    A motion is simply a party's request to a court to do something. It is unclear from your fact pattern as to whether a hearing is on a foreclosure matter or on a subsequent collection matter. In Maryland, a mortgage creditor is entitled to collect on the post-sale deficiency, i.e., if you owed $200k, and the home was sold for $100k, the lender can pursue you for the remaining $100k. However, it happens infrequently.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  10. Stalking and peeping in windows

    Answered about 2 years ago.

    1. Dmitry David Balannik
    2. Christian K. Lassen II
    3. John C Belcher
    3 lawyer answers

    If you believe that you are threatened, a protective order may be helpful.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful