Ronald Jay Drescher’s Answers

Ronald Jay Drescher

Baltimore Bankruptcy Attorney.

Contributor Level 12
  1. Filed Chapter 7 bankruptcy over 2 years ago - now judgement shows up

    Answered about 2 years ago.

    1. Ronald Jay Drescher
    2. John F Porter
    3. Ruben Fuentes
    3 lawyer answers

    The key question is: was the judgment entered before or after bankruptcy? If it was entered after the bankruptcy, no problem, send notice of the bankruptcy to courthouse and the title company and they will see that the judgment was void in violation of the automatic stay. A much bigger problem arises if the judgment was entered before the bankruptcy. In that case, you or your attorney needed to file a motion to avoid the judgment as an impairment of your exemption. You will need to reopen...

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  2. Lost reaffirmation paperwork

    Answered about 2 years ago.

    1. Sandra Margaret Emerson
    2. Ronald Jay Drescher
    3. Barry Cahn Boykin
    4. Marc Gregory Wagman
    4 lawyer answers

    The bankruptcy court would have needed to approve your reaffirmation agreement before your discharge. Since that didn't happen the debt has been discharged.

    5 lawyers agreed with this answer

  3. While in chap 13 do you report all major purchases or just new debt .

    Answered about 2 years ago.

    1. Walter C Oney Jr
    2. Barry Cahn Boykin
    3. Ronald Jay Drescher
    4. Henry Repay
    4 lawyer answers

    I would definitely report that major purchase even though with cash the chapter 13 trustee. You would hate to find out later that you didn't get a discharge because you committed fraud or didn't pay all your disposable income to the trustee. Better to find out bad news up front. Ronald J. Drescher Drescher & Associates, P.A 4 Reservoir Circle Suite 107 Baltimore, MD 21208 (410) 484-9000 Fax (410) 484-8120 Rondrescher@Drescherlaw.com http://www.Drescherlaw.com Practicing in...

    5 lawyers agreed with this answer

  4. Chapter 7 bankruptcy. Own Scorp. Filing personally. Can I/Do I list property county tax debt for corp?County taxes personal prop

    Answered about 2 years ago.

    1. Ronald Jay Drescher
    2. Bruce Allan Wilson
    3. Paula Brown Sinclair
    3 lawyer answers

    My general practice when my individual clients own closely held businesses is to list all of the corporate debts for notice purposes only. That way, a business client can't come back later and claim that their debt was really a business debt. So yes, I would list that county tax debt, but it would be up to your attorney whether to list it for notice purposes only or as disputed/contingent/unliquidated.

    5 lawyers agreed with this answer

  5. My business is facing eviction by landlord. Landlord has eviction order. Can I use Chapter 11 to prevent the eviction?

    Answered about 2 years ago.

    1. Ronald Jay Drescher
    1 lawyer answer

    This is a tricky question, because in exercising his rights to evict you the landlord may have terminated the lease under Florida law. Once terminated, a lease cannot be revived, even in chapter 11. Nevertheless, unless the lease has expired, a chapter 11 filing will stay the eviction action and give you and your lawyer some breathing room to examine the lease and the landlord's action. If the lease is not terminated you may be able to assume the lease under chapter 11. However, the chapter 11...

    5 lawyers agreed with this answer

  6. When filing chapter 7, will my wife be included if her name is not on the note or the mortgage?

    Answered about 2 years ago.

    1. Wesley Kent Hill
    2. Glen Edward Ashman
    3. Ronald Jay Drescher
    4. Robert M. Gardner Jr.
    4 lawyer answers

    You have a whole series of questions in that one question. Under means test analysis her income will be considered in whether you qualify for Chapter 7 bankruptcy even if she is not going to file. If she is not on the note then she should not have any liability even though you are filing for bankruptcy. I know that most questioners here at AVVO do get the advice that they need to speak with an attorney about their issues. However, your issues are particularly complex even for this forum. You...

    5 lawyers agreed with this answer

  7. How do I collect a debt from a lawsuit?

    Answered about 2 years ago.

    1. Ronald Jay Drescher
    2. Brandy Ann Peeples
    2 lawyer answers

    You'll need to first make sure that your judgment is still valid and hasn't lapsed. Then you should serve interrogatories upon the guardian to identify any property that your judgment debtor may have. This may end up being a difficult collection due to the lapse of time and your debtor's difficult circumstances.

    3 lawyers agreed with this answer

  8. I have 100k in 1 1/2 years of unpaid unsecured cc debit, unemployed, unable to find work ,300k equity on my home

    Answered about 2 years ago.

    1. Ronald Jay Drescher
    2. Malcolm Wallace Ruthven
    3. Kevin Samuel Sullivan
    3 lawyer answers

    The short is answer is yes, under the right circumstances a judgment creditor can take away from you the equity in your home. If you have $300,000 in equity in your home you need to see a lawyer right away to find out your options. If you have already seen a lawyer, I want to warn you against second-guessing your lawyer by posting the question here on AVVO. I understand this is tempting, but none of us here really know your situation, so we can't give you any more than the most superficial...

    3 lawyers agreed with this answer

  9. What documents do I need to file for Chapter 7 bankruptcy?

    Answered about 2 years ago.

    1. Ronald Jay Drescher
    2. Edward Charles Christman JR
    3. Derek R. Caldwell
    4. Sidney Joseph Diamond
    5. Walter C Oney Jr
    6. ···
    6 lawyer answers

    In general, when I first meet with a client all I ask them to have is a fundamental understanding of their assets and debts and income and expenses. Writing these four lists in advance of the meeting will generally be very helpful for the attorney and illuminating for the client. As it's been said before, almost every bankruptcy lawyer in the Baltimore area offers a free consultation. Make sure the lawyer you see takes the time to answer all of your questions.

    3 lawyers agreed with this answer

  10. Can someone file bankruptcy if they are using an invalid social security number?

    Answered about 2 years ago.

    1. Ronald Jay Drescher
    2. Jay Bodzin
    3. Tom Arany
    3 lawyer answers

    You have a bit of a problem. You may have deprived yourself of the ability to discharge your debts in an honest bankruptcy. I don't see how you can answer many of the questions on your statement of financial affairs or your schedules that impose the penalty of perjury for dishonesty. To do so would likely open you up to federal prosecution for fraudulently operating under a phony social security number. Not a good idea to file a bankruptcy case, which will be supervised by the Office of the U.S....

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