Ronald Jay Drescher’s Answers

Ronald Jay Drescher

Baltimore Bankruptcy Attorney.

Contributor Level 12
  1. Chapter 13 Bankruptcy and Car

    Answered almost 3 years ago.

    1. Jeffrey B. Lampert
    2. Derek R. Caldwell
    3. Ronald Jay Drescher
    4. Keith Davis Collier
    4 lawyer answers

    Call back both lawyers. Tell them about the other's advice. Make sure they both explain their answers. From my experience, I agree with the other answers here on Avvo: I don't see how you can have the court modify the car loan and not make the payment through the trustee.

    4 lawyers agreed with this answer

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  2. My lawyer will not be able to attend the 341 meeting with me. And I have received 3 notice of appearance from creditors.

    Answered almost 3 years ago.

    1. Paula Brown Sinclair
    2. Michael A. Goldstein
    3. Ronald Jay Drescher
    4. Douglas Beaton
    5. Andrew Daniel Myers
    5 lawyer answers

    Don't go to the meeting without your lawyer. Have the lawyer postpone the meeting. It will be worth it. By the way, just because creditors enter an appearance in your case doesn't mean they will attend and ask questions at your 341 meeting. That almost never happens. The inquiry at that meeting is done by the trustee about your schedules, statement of financial affairs and other financial issues.

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  3. Chapter 13 and being bothered by person named on 13.

    Answered almost 3 years ago.

    1. Ronald Jay Drescher
    2. Melinda Dee Middlebrooks
    3. Walter C Oney Jr
    4. Geoffrey Marc Khotim
    4 lawyer answers

    If you can prove by the caller ID information on your phone system that these are the people that are calling and hanging up you can do something about it. contact your chapter 13 attorney and ask him to send a cease and desist letter. If the calls and harassment continue your attorney can bring it to the attention of the bankruptcy court and get sanctions.

    4 lawyers agreed with this answer

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  4. Bankruptcy and how to dispute government claims of debt

    Answered almost 3 years ago.

    1. Dorothy G Bunce
    2. Ronald Jay Drescher
    3. Minh T. Tran
    4. James Portman Webster
    4 lawyer 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.

    4 lawyers agreed with this answer

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  5. Why are fees greater for filing chapter 7 if assets are involved, vs no assets?

    Answered almost 3 years ago.

    1. Ronald Jay Drescher
    2. James Portman Webster
    3. Paula Brown Sinclair
    4. Mitchell Paul Goldstein
    4 lawyer answers

    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...

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  6. Can I refile Chapter 13 Bankruptcy and Abandon Motion to Reconsider for Closed Case?

    Answered almost 3 years ago.

    1. Walter C Oney Jr
    2. Ronald Jay Drescher
    3. Sidney Joseph Diamond
    4. Derek R. Caldwell
    4 lawyer answers

    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...

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  7. In filing chapter 7, what schedule does a civil suit/judgment go on?

    Answered almost 3 years ago.

    1. Ronald Jay Drescher
    2. Keith Davis Collier
    3. Alan D. Walton
    4. Michael S. Marr
    4 lawyer answers

    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.

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  8. Can a lawyer go after me for money my parents paid me before they filed bankrupcy

    Answered almost 3 years ago.

    1. Ronald Jay Drescher
    2. Marc Gregory Wagman
    3. Gregory A. Holbus
    4. Mark P. Maciolek
    5. Mitchell Paul Goldstein
    5 lawyer answers

    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...

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  9. I have been in Chapter 13 Bankruptcy for the past 3 years. Is it possible for me to cram down my mortgage payment?

    Answered about 1 year ago.

    1. Ronald Jay Drescher
    2. Richard D. Granvold
    3. Eugene Andre Ahtirski
    4. Steven Patrick Taylor
    4 lawyer answers

    In short, if this is a first priority mortgage you most likely cannot cram down the loan because it is a loan secured solely by your primary residence. These mortgages cannot be modified in any chapter of the bankruptcy code. I've attached a video I made explaining this aspect of the bankruptcy laws that I hope you find interesting.

    4 lawyers agreed with this answer

  10. Can an attorney get in trouble for helping a client hide assets?

    Answered about 1 year ago.

    1. Heather Morcroft
    2. Ronald Jay Drescher
    3. Christine C McCall
    4. Jennifer L. Ellis
    5. Alan James Brinkmeier
    5 lawyer answers

    Without assuming that your lawyer will or will not act ethically (or intelligently) I'm not sure what you mean by "hide" assets. There are a great many legitimate planning methods that may appear wrong to a lay person. More facts are needed. Of course, if the attorney acts unethically they could lose their license or receive other discipline and could be held liable for damages as a co-conspirator. How to prove? Depending upon the assets that are hidden, there may be many ways to prove....

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