Ronald Jay Drescher’s Answers

What you need to do is file an objection to the claim of the Department of Defense, if there is still money owed to them. You may also have a claim, or cause of action, against the DOD. If so, that must be scheduled as an asset on your Schedule B. If you don't many courts hold that you have waived your rights to recover all or part of the funds they have offset.

It depends somewhat on the nature of the assets. If the debtor owns a closely-held business, then the attorney will be expected to collect, review, organize and deliver to the trustee a series of financial documents that will take additional time. If the assets are investment real estate then other documents will be required. In any event, there will be more time spent than expected in a normal no asset case. I have uploaded a video about no-asset cases, which you may find helpful. I've...

The short answer is yes, you can file another Chapter 13 case. It is confusing to me that you cannot afford a lawyer, because most Chapter 13 cases involve either (1) debtors with too much income or (2) debtors trying to save a house. Also, your new case will involve an additional filing fee. I've seen through your response to other attorneys that you can't afford a lawyer, but I haven't seen what efforts you've made to discuss your case with a lawyer. You should know that most experienced...

If the judgment has become a lien on real property, the civil judgment goes on Schedule D, schedule of secured claims. If the judgment has not attached to real property it will go on Schedule F, schedule of unsecured claims. In any event, it will need to be included in the answer to Question 4 of the Statement of Financial Affairs.

The trustee is suing you to recover a preference, because you received money while other creditors did not. This is not fraudulent, does not indicate bad intent, and is a strict liability (liability without fault) claim that the trustee has. This is not a fraudulent transfer because you gave your parents valid consideration: release of your legitimate debt. This is an important distinction because there are timing considerations. If the trustee is seeking to recover a preference, the...

A chapter 13 can help you strip off a completely unsecured second mortgage. I just uploaded a video on this subject today, I've attached a link to the video below. If the video answers your questions please "like" it on YouTube.

I would think long and hard about filing a Chapter 7 bankruptcy. Not sure where you are located, so your exemptions are not known, but if you are getting $25,000 in tax returns over the next three months it is likely that a Chapter 7 trustee will want those for your creditors. Your cars are paid off, so those assets are also exposed. It is unlikely that I would ever rush into filing a Chapter 7 case for a client in your situation.

Trustees generally look at paystubs and three to six months' bank statements to verify income. If you are concerned that this debtor has intentionally failed to disclose income you should contact an attorney to communicate with the trustee. Whether we like it or not, chapter 7 trustees are more receptive to communications from attorneys than from individual creditors, so you have a better chance of being heard through a lawyer. Also, act fast. The deadline for objecting to discharge/...

I generally dislike filing chapter 7 cases for corporations, and a chapter 11 is really intended for a company that wants to reorganize, or liquidate its assets under its own control. Any decisions involving a company and chapter choice really need to be made after consulting with a competent attorney who has all the facts.

The problem with the IRS Levy is that it freezes your assets immediately. Filing a Chapter 11 or Chapter 13 bankruptcy will free those assets up much quicker. I can't imagine a faster solution than that.