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Alon Joseph Nager
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Alon Nager’s Answers

305 total


  • I am in the middle of a chapter 13 it has not been approved by the judge just yet, I am looking to fire and rehire legal counsel

    How can I do this?

    Alon’s Answer

    You should go see other attorneys and find someone you want to work with and can afford to hire. Make arrangements to retain the attorney and have her enter her appearance in your case. Also, make sure that you or your new attorney communicate to the old attorney that you have done this. Just be sure that you are represented by someone throughout. Don't fire your old attorney before you've hired a new one.

    I respectfully disagree with the comment that only inexperienced attorneys generally take on existing chapter 13 cases. I've taken on about 15-20 existing 13s in my career. Some were from pro se clients and some were clients who were, for whatever reason, unhappy with their attorney. A lot of these cases actually worked out! I don't regret taking on any of them. I hope this helps.

    Alon J. Nager
    Russack Associates, LLC
    100 Severn Ave., Ste. 101
    Annapolis, MD 21403
    410-505-4156

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  • If I sell my house for less than market value, can I file bakruptcy for my remaining debt. Is there a waiting period?

    I have a huge amount of credit card debt, over $50,000. I am having trouble paying them and making my mortgage. At present, I am unemployed.

    Alon’s Answer

    It is not really clear what you are attempting to do. Your best bet is to contact a bankruptcy attorney. There are real pitfalls in trying to do things on your own prior to filing. It may be possible to keep your house and get rid of the credit card debt. You won't know your options unless you speak to a professional. Most bankruptcy attorneys offer a free or low-cost consultation. Good luck.

    Alon Nager
    Russack Associates, LLC
    Offices in Annapolis and Easton, Maryland
    410-505-4156

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  • I do not want to file total business bankruptcy. I want to repay my debts. What is the best approach

    i do not want to file total business bankruptcy. I want to repay my debt. What is the best approach

    Alon’s Answer

    If you are filing for the business your only options are Chapters 7 and 11. Chapter 7 would cause your company to shut down. Chapter 11 would allow you to continue operating and pay your creditors while in bankruptcy. If you are filing personally, you may file under Chapter 7, 11 and 13. Either way you need to discuss this with a bankruptcy attorney in your area to decide on the best approach. Good luck.

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  • If my boyfriend file for bankruptcy can he successfully file for me as a fiance?

    Bankruptcy and sponsorship of a fiance

    Alon’s Answer

    You cannot file a case together unless you are married. You can always file your own case as long as you qualify otherwise. Check with a bankruptcy attorney in your area to be sure that bankruptcy is right for both of you. Good luck.

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  • In chapter 7, if I change my mind about reaffirming my car, am I required to amend the petition and my statement of intentions?

    I haven't reaffirmed yet and am thinking of simply surrendering. On my statement of intentions, I stated that my intention was to Reaffirm. Can I just not sign or will this cause an issue?

    Alon’s Answer

    In order to reaffirm you will have to sign the actual reaffirmation agreement. If you do and the court approves it you will have until the later of (a) 60 days after the agreement is filed with the court or (b) the date of your discharge in order to rescind (cancel) the agreement in writing. You may not want to amend your statement of intention so that you can receive and review the agreement before making a decision on whether or not to sign it. The creditor may offer you a better deal. Just understand that if your agreement is approved and you do not cancel it in time you are stuck with this debt after the bankruptcy case to the extent that the car is sold and otherwise. Good luck.

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  • Can me and mom file a file a BK?

    My mother co-signed for me when I bought my home 6 years ago & then she took out a 2nd to re-coup the down payment she loaned me (I'm not on 2nd). Last year I went into foreclosure & my 1st was modified & my 2nd was charged off. Can she wipe out t...

    Alon’s Answer

    You and your mom could file separate individual bankruptcy cases. You will need so speak with a bankruptcy attorney for specific answers to your other questions. An attorney would need to determine which chapter you qualify for and whether it makes senses to file for bankruptcy at all. Good luck.

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  • I have a judgement against me, but I am pass the 20 days to respond, but I have retained a bankruptcy attorney, will I be okay

    How does a judgement work against me if i am past the 20days, but in the process of filling bankruptcy.

    Alon’s Answer

    Make sure that your attorney is aware of this judgment. If the creditor is in a position where they can immediately garnish your wages or levy your bank accounts, your attorney may decide to file your case on an emergency basis. Good luck.

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  • My bankruptcy was closed without a discharge , now what?

    I filed for bankruptcy in KY last December, They told me that they would advise me when they wanted me to complete my course for financial counseling, I never received that request an now they say the have closed the case without a discharge. What...

    Alon’s Answer

    You need to file a motion to reopen your bankruptcy case for the limited purpose of completing the financial management course. In your motion explain why you did not complete the course. If the court grants your motion then take the course. If you take the course and the court denies your motion, you will have wasted your money on the course because it will not be valid towards a subsequent case. If the court won't reopen your case under the circumstances, your only option to get a discharge would be to refile. If you refile make sure you take the pre-filing credit counseling course if that has expired now and take the financial management course after the case is filed. Good luck.

    Alon

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  • Reaffirmation and what it means to Bankruptcy

    We did a affirmation on our mortgage at time of chapter 7. We just pulled our credit reports and all three show the mortgage as a home equity that was charged off in the bankruptcy. We have been making our payments to the bank for over a year and ...

    Alon’s Answer

    You need to check your bankruptcy case to see if the court ever approved the reaffirmation agreement. You can call the bankruptcy court or visit the clerk and they should be able to help you figure that out. If the court approved the reaffirmation agreement, the creditor is not living up to its end of the bargain. You should dispute the treatment of the debt with all three credit bureaus. If you still don't get anywhere you may need to seek relief from the bankruptcy court. If the court did not approve the reaffirmation agreement then you did not reaffirm the debt. In that case, it is normal for the debt to show up on your report in the manner you described. Good luck.
    Alon Nager
    Russack Associates, LLC
    100 Severn Ave., Ste. 101, Annapolis, MD 21403
    410-575-3917
    alon@russacklaw.com

    Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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  • If a credit card company wins a judgement against me can i still declair bankrupcy.

    If so will it take care of it.

    Alon’s Answer

    You can still get rid of the judgment just like any other debt. You should see a bankruptcy attorney right away so that you can get a case filed as soon as possible. Whether or not bankruptcy is the best option for you is something you'll need to discuss with the attorney. Good luck.
    Alon Nager
    Russack Associates, LLC
    100 Severn Ave., Ste. 101, Annapolis, MD 21403
    410-575-3917
    alon@russacklaw.com

    Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

    See question