John Gerth Merna’s Answers

John Gerth Merna

Virginia Beach Foreclosure Attorney.

Contributor Level 15
  1. To file an emerg. ch 13 without an attorney how many forms do you need

    Answered almost 3 years ago.

    1. John Gerth Merna
    2. Walter C Oney Jr
    3. Alan D. Walton
    4. Kevin Kennedy Gipson
    4 lawyer answers

    A Chapter 13 Reorganization is a very complicated process. The completion or success rate of attorney-assisted filings is only 30%. You can imagine that the success rate of cases filed without an attorney is much lower. The fact that you are asking the most basic of questions put your odds at the lower end or close to 0% chance of success. You shouldn't take this personally because there are attorneys with three years of law school that couldn't do much better. What you need to...

    6 lawyers agreed with this answer

  2. So, I filed Chapter 7 BK..........................................................................................

    Answered about 3 years ago.

    1. John Gerth Merna
    2. Robert N Braverman
    3. Gary D. Bollinger
    4. Jonathan David Leventhal
    4 lawyer answers

    Unfortunately, I am not aware of a way around the problem, however, I have never researched it.. If you reopen the case it is also possible the trustee will decide to claim an interest in any recovery for damages. So in essence it may not be worth your time and money to pursue a claim against the mortgage company. It goes without saying that had you used an attorney for your bankruptcy you would not have this problem. It is my hope that you did not reaffirm on the mortgage during the...

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  3. Does credit card settlement the forgiven amount on 1099-C be discharge in chapter 7.

    Answered about 3 years ago.

    1. John Gerth Merna
    2. Frederick William Schwinn
    3. Eric Charles Lewis
    4. Gary D. Bollinger
    4 lawyer answers

    My colleagues are correct in that the settlement created a taxable event prior to the Chapter 7. However, if you list the credit card company and the IRS in your bankruptcy and the petition is filed in the same year you have two ways out of the tax liability. The IRS receives 1099s on an enormous amount of debt whether settled or just unpaid each year. By filing in the same tax year and listing both the IRS and the creditor I have found the IRS does not calculate the 1099 as income. If this...

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  4. I'm thinking about filing bankruptcy ;do i need to have a homestead deed if i own my car. I live in the state of Virginia.

    Answered about 1 month ago.

    1. John Gerth Merna
    2. Waymon S. Harrell
    2 lawyer answers

    Mr. Harrell is correct. In the Hampton Roads area the trustee's keep a keen eye on how your homestead deed exemption is used, whether the deed is properly executed and complies with all legal requirements, and whether prior deed have reduced the available protection. One of the more common problems we encounter is self-filer problems with the homestead exemption. Mr. Harrell is also correct in advising you to get help from a local attorney. While the cost of an attorney may seem daunting...

    4 lawyers agreed with this answer

  5. I need an attorney for filing bankruptcy; I was curious how much it would cost me.

    Answered over 2 years ago.

    1. James Robert Meizanis Jr.
    2. Daniel Mark Press
    3. Walter C Oney Jr
    4. Eviana J Martin
    5. John Gerth Merna
    6. ···
    6 lawyer answers

    The unfortunate thing about using price as a deciding factor in choosing an attorney is the client often does is focusing on their initial goal which is get rid of debt. The reality is their ultimate goal is actually to recover their credit. Hiring a cheap attorney seems like a frugal response to an out-of-control credit situation that has landed one in the lap of a bankruptcy. However, how well a bankruptcy is done and the guidance an attorney can give on rebuilding and post-bankruptcy...

    4 lawyers agreed with this answer

  6. How do i convince my fiance that he will NOT be responsible for my student loan debt once we get married

    Answered about 3 years ago.

    1. John Gerth Merna
    2. Christine C McCall
    3. Pierre George Basmaji
    4. Gary D. Bollinger
    4 lawyer answers

    You may be missing the point. Why is it that you are so steadfastly looking to convince him and he is not equally as eagar looking for the answer or the solution to eliminate this concern. Attorneys are not psychologist. Three simple rules: 1) Don't take out joint debt so he controls his indebtedness and future default could expose his assets. 2) Don't put his money into joint accounts since any funds placed in there by him would be considered yours also. 3) Don't put his money into joint...

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  7. I'm in chpt. 13. What are my options if any, should my case be dismissed? Would I receive prior notice?

    Answered about 3 years ago.

    1. John Gerth Merna
    2. Jeffrey B. Lampert
    3. Theodore Lyons Araujo
    4. Nicholas I Fuerst
    4 lawyer answers

    It sounds like your case will dismiss if you do not file your plan. Filing the plan and gathering documentation for monthly income are two different things. If you are unable to file the plan due to difficulty in completing the forms then get an attorney. A Chapter 13 is a repayment plan. You did not indicate why you are in a repayment plan so it is impossible to answer what alternatives you have. Get an attorney before it becomes more costly to fix. If the case dismisses you will have...

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  8. 2nd Mortgage wont approve short sale.

    Answered almost 3 years ago.

    1. John Gerth Merna
    2. Anand Bharat Jesrani
    3. Kenny Kean Tan
    4. Darren Anthony Fish
    4 lawyer answers

    Tip one. Talk to an attorney. You have certain rights and protections in California. You may be throwing them away because you are assuming a short sale is the best course of action. Tip two: you need to provide more information. While there is no way to force a mortgage company to accept a short sale, there are ways to determine why they might choose not to. Some of the reasons are: 1) they think you can afford to pay; 2) the amount offered is nominal; 3) they have other plans or means to...

    3 lawyers agreed with this answer

  9. We filed ch.13 in 12/07 this was discharged in 12/10. we were buying a house. received 2 letters of auctions of the house .

    Answered over 3 years ago.

    1. John Gerth Merna
    2. Eric Charles Lewis
    3. Dana Leigh Oglesby
    4. William Watt Waldner
    4 lawyer answers

    Before you lose any more sleep over the letter from the mortgage company you should contact the attorney that handled your Chapter 13. If you surrendered your interest in the Chapter 13 Plan then you debt to the mortgage company was discharged during the bankruptcy. If it was discharged then the mortgage company is violating your discharge. Next, if the mortgage was not discharged for some reason, which I think is unlikely, your ability to file a Chapter 7 depends on what percentage of...

    3 lawyers agreed with this answer

  10. From which state do I talk to an attorney?

    Answered almost 3 years ago.

    1. Christopher Dobbs Schwindt
    2. John Gerth Merna
    3. Adam Morrow
    4. Steven Anderson Leahy
    4 lawyer answers

    I agree with my colleagues. If the issue is the foreclosure on a property located in the state of Washington then the laws of Washington govern and you should speak with an attorney in that state.

    4 lawyers agreed with this answer

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