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Ronald Jay Drescher

Ronald Drescher’s Answers

191 total

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

    In Pennsylvania, will I become liable for tax debt incurred by my fiancee prior to marriage? His IRS payment plan will continue beyond our wedding date. If he fails to make those payments, am I liable for them?

    Ronald’s Answer

    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.

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

    say you have about 5 years of good credit and work history under it. I don't know what kind of information they look through when your working on bankruptcy.

    Ronald’s Answer

    • Selected as best answer

    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. Trustee, a division of the US Department of Justice.

    If you were my client I would strongly advise you to avoid bankruptcy altogether. For some, the cure is worse than the disease.

    I uploaded a video entitled "What If I Lie On Filling Out My Schedules" that may be helpful to you.

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  • Can I sell my home which was discharged in ch7 bankruptcy? If so how does this work if no reaffirmation agreement was signed?

    Intention of reaffirmation letters were sent to the mortgage company and the mortgage company never responded or showed up to the bankruptcy hearing. I currently live in the home and have been paying the mortgage for several years.

    Ronald’s Answer

    The home is still yours to sell, even if you never signed a reaffirmation agreement. You will try and obtain the best possible price and, if the proceeds are insufficient to payoff the lender, ask the lender to accept a short sale. If you can pay the loan in full you will get to keep the surplus proceeds.

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  • How can you find a lawyer that is willing to help you for a nominal fee if you really need it?

    We really need to file bankruptcy quickly, chap 7, but cannot afford the going rates. We have talked to serveral lawyers but the fees are too much for us to afford even with payment plans. I looked into the probono lawyers but there are more cases...

    Ronald’s Answer

    You need to file a bare bones bankruptcy case and just get into the protection of the bankruptcy court. This won't be easy, but it can be done. I uploaded a video dealing with barebones cases that describe how the process works. You can then look through this website and and you may be able to do it yourself. It won't be easy, but it can be done.

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  • What can i do to protect money from creditors

    i have previous credit card debt around 60k. I have a judgment against me. Just launched a company. I am considering consolidating debt in the next 6 months. In the mean time i dont want any money garnished. I am wondering if i can temporarily ha...

    Ronald’s Answer

    You are asking a very complicated question here. I agree with attorney Chen that you are looking to fraudulently conduct business to keep cash away from your creditors. However, I disagree with my colleagues that you should avoid this scheme at all costs. If you manage it properly, it could work. On the other hand, it is possible that your creditors will be able to pierce through your plan and you may end up worse than how you started. This is not a matter than can be resolved by asking lawyers on the question and answer forum. You have to consult with an attorney to help you navigate through this very intricate plan that you are devising.

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  • Is there some type of Motion I can be file in Bankrupty Court to receive a Discharge even if the Trustee is Filing for Dismissal

    I have a creditor that has filed several motions with the court and I have no Idea what they mean or how to respond. I filed Chapter 7 for a reason: I am totally broke. If I print one more document; I will run out of ink. I can't afford to mai...

    Ronald’s Answer

    Your best bet is to find out exactly what the trustee needs and give it to him or her. Be cooperative. Be patient. Make sure you understand the requirements. You will probably not do better in front of a judge if you don't make this extraordinary effort to comply with the federal bankruptcy code requirements.

    I understand that you can't afford a lawyer, approximately 11% of the cases that are filed are done like yours. However, these are very difficult cases because the debtors, although sympathetic, are simply overwhelmed by the requirements of the system. If you understand this and do your best to make the trustee's life a bit easier I think you will get a better result.

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  • A creditor in my bankruptcy case has placed me back on their monthly billing statements years after discharge.

    In 2006 I filed for bankruptcy. I was co-signer on a loan which was included in the bankruptcy. After the discharge the other co-signer on the loan was left to pay the debt and my name was removed from the billing. Recently, my name has been re-ad...

    Ronald’s Answer

    Your name should not be added to the billing, this is a violation of the discharge injunction. You or your attorney should send a letter to the billing company including the case number and date of filing and discharge. A copy of the schedules including the billing creditor should be helpful as well as a copy of the discharge order. You should be able to straighten it out.

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  • What I need to file to object to Debtor's discharge or to challenge discharge ability of certain debts?

    I'm the creditor, I gave a personal loan to a friend now she is filling bankruptcy. I deposit such amount in her account for her personal use now she has no intentions of ever repaying it. I don't have money to pay a lawyer As everyone else in thi...

    Ronald’s Answer

    You will need to file a complaint, or adversary proceeding, with the bankruptcy court, explaining why you believe that the debtor should not receive a discharge, or why this debt should not be discharged. You have 60 days from the first date set for the meeting of creditors. I expect this will be extremely difficult for you to do without an attorney.

    I uploaded a video describing the time periods, the link is attached below. Good luck.

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  • What general records do I need to gather from my business to present to my lawyer before filing for a bankruptcy?

    I have finally decided to close down my business. I've tried to keep it running hoping that something might change. What records do I need to gather from my business to present to my lawyer before filing for a bankruptcy? .

    Ronald’s Answer

    The answer to this question depends to some extent on the nature of your business. You will need at least the following:
    Balance sheet
    Income statement
    Receivables aging
    Customer list
    Payables aging
    Tax returns 2 years
    Bank statements 3 months
    Inventory list
    Titles to vehicles
    Copies of contracts and leases
    Deeds and mortgages to any real property owned by the business
    Articles of incorporation, by-laws and corporate minutes
    List of utility providers
    List of secured creditors
    For all creditors: names, addresses, account numbers, date debt incurred, background behind debt

    There may be more documents than this, but it's a start.

    But here's the real question: why are you filing bankruptcy for your business? Frequently a corporate chapter 7 case creates more problems than it solves. A liquidation under chapter 11 may be different, but you should discuss all this with your lawyer.

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  • Installment Agreement with IRS while in Chapter 13.

    This is a followup question. I was able to set up an Installment Agreement with the IRS. How will the Trustee react? Will he dismiss my case? I had to do something. My attorney wasn't helping me!! I am current on all my Chapter 13 payments. ...

    Ronald’s Answer

    I'm not sure when you set up the installment agreement and whether you've confirmed a plan in your chapter 13 case. Usually trustees (and the IRS) do not go along with these installment plans because priority tax claims need to be paid in full over the life of the chapter 13 plan. A few more facts may help shed more light on your situation.

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