John Gerth Merna’s Answers

John Gerth Merna

Virginia Beach Foreclosure Attorney.

Contributor Level 15
  1. Do I need to send a copy of the filing a motion for the court's permission to sell my house, to all the creditors?

    Answered almost 3 years ago.

    1. John Gerth Merna
    2. Marco Antonio Torres
    3. Dorothy G Bunce
    4. Michael J Corbin
    4 lawyer answers

    Yes. In addition, you need to file the certificate of service with the court indicated you had notified them.

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  2. Need to convert from Ch 13 to Ch 7 I live in Virginia and am eligible can I use a different attorney?

    Answered almost 3 years ago.

    1. John Gerth Merna
    2. Pierre George Basmaji
    3. Dorothy G Bunce
    4. Marco Antonio Torres
    4 lawyer answers

    I think your main question is why doesn't your attorney just convert the case, update the schedules, include your new debt and charge you the $1000 for the conversion instead of dismissing and refiling. I am baffled. If you had received a discharge in a Chapter 7 case within 8 years of filing the 13 you would not be eligible to convert and would have to dismiss. Refiling has two very negative consequences. The first is you will have two bankruptcies on your credit report. The second is...

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  3. In Chapter 7 Bankruptcy filings, on Schedule F do I list both the creditor and the collection agency?

    Answered almost 3 years ago.

    1. John Gerth Merna
    2. Pierre George Basmaji
    3. Dorothy G Bunce
    4. Mitchell Paul Goldstein
    4 lawyer answers

    Listing it as a "duplicate" is fine. The most important thing is making sure all collection agencies, attorneys and the original creditor is listed with addresses. It is wise to pull your credit report to insure the list is complete.

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  4. Can a private student loan go into default while a Chapter 7 bankruptcy case is open?

    Answered almost 3 years ago.

    1. Shaye Larkin
    2. John Gerth Merna
    3. Eric Charles Lewis
    4. Gary D. Bollinger
    4 lawyer answers

    The definition of default is debateable or more precisely defined by whomever is using it. You were in default when you were 3-4 month behind at the time of filing (my definition). The fact that the student loan company labeled you or the loans in "default" after you contacted them later is irrelevant (their definition). If you weren't paying on your student loans, which you apparently knew were not dischargeable, you knew you were only falling further behind. So while bankruptcy protects...

    4 lawyers agreed with this answer

  5. Can I surrender my car if I can afford the payments after a chapter 7.

    Answered about 2 years ago.

    1. John Gerth Merna
    2. Dorothy G Bunce
    3. Patrick Begley
    4. Geoffrey Marc Khotim
    4 lawyer answers

    During a Chapter 7 Bankruptcy you are required to state your "intentions" with regards to secured creditors such as vehicle loans. In general, you only have three options: reaffirm, surrender or redeem. Reaffirm means to reobligate yourself once again on the vehicle loan making it a debt that survives the bankruptcy. If you miss payment or the vehicle is repossessed after the bankruptcy you will owe any balance due. Surrendering a vehicle is quite clear but you have a fixed time to honor...

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  6. I'm in Chpt. 13. What does it mean when it says my case is "tentitive to dismiss"?

    Answered almost 3 years ago.

    1. John Gerth Merna
    2. Theodore Lyons Araujo
    3. Marc Gregory Wagman
    3 lawyer answers

    You will not have enough time to gain permission to sell the house and complete the sale before the case is dismissed. The smart move is to file the Chapter 13 plan which will provide enough time. However, if you are having difficulty with the plan you should seek the assistance of a qualified bankruptcy attorney. Chapter 13 plans are complicated especially when real estate is involved. Additionally, you have to submit a Motion to Sell and an Order. To put it in an acceptable format for...

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  7. File chapter 7 bankruptcy again. Eligible 8 years after I last filed or after the discharge?

    Answered almost 3 years ago.

    1. John Gerth Merna
    2. Marco Antonio Torres
    3. Stanley Phillips Berman
    4. Nicholas I Fuerst
    4 lawyer answers

    It is eight years from the time of filing the prior case to the time of filing the present case. Not from the time of discharge. Hope that helps.

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  8. Rental centers can they come to your house and intimidate to pay a debt?

    Answered almost 3 years ago.

    1. John Gerth Merna
    2. Robin Mashal
    3. Pierre George Basmaji
    4. Theodore Lyons Araujo
    4 lawyer answers

    She should contact the police if it happens again and file a complaint against the store. They can not repossess personalty from her home without her cooperation. She may want to contact the store and provide the location of the property. Finally, she may need to talk to a bankruptcy attorney given she is unable to pay her debt. She should call the Law Office of David Lozano in West Covina. He offers free consultations. She can look up his number on the internet. The consultation will at...

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  9. Vacate notice

    Answered almost 3 years ago.

    1. John Gerth Merna
    2. Daniel Mark Press
    3. Gary D. Bollinger
    3 lawyer answers

    If you intend to file a bankruptcy then filing it before the unlawful detainer action (eviction) will delay the eviction. However, if the house was taken back by the bank or mortgage company at the foreclosure sale and you contact the agent that delivered the "5-day notice", you may be able to negotiate more time and even some money to move. Many of the REO ("Real Estate Owned" by a bank or mortgage lender) management companys are offering a program called "cash-for-keys". The going rate...

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  10. How do I list multiple vehicles on my chapter 7 BK form scedule C.

    Answered almost 3 years ago.

    1. John Gerth Merna
    2. Anand Bharat Jesrani
    3. Dorothy G Bunce
    4. Seth Alan Rosenberg
    4 lawyer answers

    Clarity is the best policy when completing the details of a Chapter 7 Voluntary Petitioin. Most attorneys use software packages which provide the solutions easily. List the asset, value, exemption amount and applicable code section. List the asset again when using a different code section with the different code section and amounts. I recommend you list each of the vehicle separately. While lumping them together would undoubtedly be fine, clarity will be much appreciated by the Trustee. I...

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