Ronald Jay Drescher’s Answers

Ronald Jay Drescher

Baltimore Bankruptcy Attorney.

Contributor Level 12
  1. 7 YEARS SINCE BANKRUPTCY DISCHARGE WITH NO ADVERSARY COMPLAINTS. WE ARE NOW RECEIVING HARASSING CALLS, DEMANDING MONEY!

    Answered over 2 years ago.

    1. Dorothy G Bunce
    2. Ronald Jay Drescher
    3. Michael Charles Doland
    4. Douglas Gist Farquhar
    5. Matthew Erik Johnson
    5 lawyer answers

    These are very serious infractions you are describing. You should immediately contact an attorney to communicate with this collection company. The discharge injunction is designed to protect you against these threats and collection efforts.

    14 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. If I changed from a bankruptcy 13 to a chapter 7 and I can no longer make my mortgage payment do I need to include my mortgage

    Answered almost 2 years ago.

    1. Patrick Begley
    2. Ronald Jay Drescher
    3. James Portman Webster
    4. Dorothy G Bunce
    5. Gregory T. Dantzman
    6. ···
    6 lawyer answers

    You should have included the name, address and account number for your mortgage in your original bankruptcy case so that the mortgage company received notice. As a result the mortgage is automatically included in your bankruptcy. If you have never sent notice to your mortgage company of the bankruptcy you should do that immediately. Debtors cannot pick and choose which creditors are to receive notice: the bankruptcy laws require notice to go to all parties in interest. Once receiving notice,...

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Will the credit union unfreeze my funds after my bankruptcy is discharged or can they keep it?

    Answered over 2 years ago.

    1. Ronald Jay Drescher
    2. Derek R. Caldwell
    3. Dean L D'Mellow
    4. Dorothy G Bunce
    4 lawyer answers

    Your attorney is correct. Banks holding deposit accounts have the right of setoff (sometimes called offset) if their depositor owes a debt to the financial institution. The United States Supreme Court has ruled that these banks, or credit unions, may freeze depositors' accounts after filing bankruptcy in order to preserve these offset rights. These rights are somewhat similar to the rights of a holder of a consensual leave therefore they are not subject to your exemptions.

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  4. I need to file chapter 7 bankruptcy , but I inherited $18000 last month. What exemptions can I use?

    Answered over 2 years ago.

    1. Ronald Joseph Kim
    2. Ronald Jay Drescher
    3. Chantal Claudine Hachem
    4. Dorothy G Bunce
    5. Matthew Erik Johnson
    5 lawyer answers

    Don't be in a big rush to file bankruptcy. If your wages or assets aren't in danger of being seized, a quick filing is not necessary. Instead, you should get advice on how to properly plan your bankruptcy case to maximize the property you can keep.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. Will I become liable for my fiancee's prior tax debt after we are married?

    Answered over 2 years ago.

    1. Ronald Jay Drescher
    2. Stuart M Nachbar
    3. Mitchell Paul Goldstein
    3 lawyer answers

    The good news is that you do not marry into debt, so you will not be liable for these payments. On the other hand, if you are married filing jointly, the IRS may be able to offset your husband's tax claim against any tax refund to which you may be entitled, so that would be a backdoor way for the IRS to get at your money. You should verify this with an accountant or tax lawyer.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. What is California revenue and tax code section 6829?

    Answered over 2 years ago.

    1. Dana Whitney Atchley
    2. Ronald Jay Drescher
    3. Curtis Lamar Harrington Jr
    3 lawyer answers

    It's good that you got your personal case discharged. Based upon your question that was probably the most important item. But the tax issue is troubling. Unfortunately, the question is not a bankruptcy question but a tax question. If you have an accountant (and you should if you had a business) I would start by asking the accountant about the sales tax issue, and probably ask either your accountant or your bankruptcy lawyer for a referral to a tax attorney. If it doesn't make any sense to you...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. Does a bankruptcy erase a debt even if a lawyer signed a lien?

    Answered 10 months ago.

    1. Ronald Jay Drescher
    2. Richard D. Granvold
    3. Brent J Jensen
    3 lawyer answers

    When you and your lawyer signed the lien, you gave the chiropractor first rights in any recovery you may receive from your accident, whether by lawsuit or settlement. This is similar to any other lien in that the lien right is a property interest that passes through the bankruptcy unaffected (unless there is a specific action to set that lien aside, and in your case this did not appear to have happened). If or when you receive anything from that accident, the chiropractor must be paid. It is...

    6 lawyers agreed with this answer

  8. Is bankruptcy state or federal and what is punishment if found to have hidden assets?

    Answered 10 months ago.

    1. Ronald Jay Drescher
    2. William Joseph Kopp Jr.
    3. Scott Benjamin Riddle
    4. Richard D. Granvold
    5. Kevin Christopher Gleason
    6. ···
    7 lawyer answers

    Here are the very bad things that can happen: 1. Your dad can get sued to recover all of the assets you put into his name. This would be an easy matter for the trustee, he'll just file a motion to reopen your case. 2. You can lose your discharge if that occurred less than a year ago. 3. You can be criminally prosecuted. 4. You can lose the right to exempt the property that you transferred to your dad's name due to your fraud. If your ex sounds at all credible the trustee and the US...

    6 lawyers agreed with this answer

  9. Can I sue an attorney for filing my home loan on a bankruptcy???

    Answered over 2 years ago.

    1. Mitchell Paul Goldstein
    2. Walter C Oney Jr
    3. Ronald Jay Drescher
    4. Charles Ross Smith III
    4 lawyer answers

    I agree with the other attorneys who have answered. There is a common misperception that debtors can pick and choose what creditors or assets they can include "in the bankruptcy." This is not the case. A discharge is incredibly powerful relief: you are given a fresh start from thousands or millions of dollars that you owe. The price for this relief is 100% accuracy and transparency, listing all assets and all debts.

    6 lawyers agreed with this answer

  10. Would I enter a tax lien on chapter 7 form schedule A separate from my residence?

    Answered over 2 years ago.

    1. Ronald Jay Drescher
    2. Walter C Oney Jr
    3. James Portman Webster
    4. Jeffrey Chiao Hsu
    4 lawyer answers

    Tax liens go on Schedule D, secured claims. After you are finished entering all secured claims, you then total them for each specific item of real property and then include that total on the far right column of Schedule A.

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