John Gerth Merna’s Answers

John Gerth Merna

Virginia Beach Foreclosure Attorney.

Contributor Level 15
  1. Is my entire private LTD insurance overpayment debt dischargeable?

    Answered almost 3 years ago.

    1. John Gerth Merna
    2. Marco Antonio Torres
    3. Nicholas I Fuerst
    3 lawyer answers

    I agree. Whether the overpayment is dischargeable would depend on when the overpayment occurred and whether you listed the debt. To be dischargeable the overpayment would have to have occurred prior to the filing of your bankruptcy and you would have had to list the insurance company. Check you policy to see if they have the right to offset against future payments due.

    1 lawyer agreed with this answer

  2. Can a DIL of Foreclosure be used to get possession back to me on the home I own if I carry a second to help finance?

    Answered almost 3 years ago.

    1. John Gerth Merna
    2. Marco Antonio Torres
    2 lawyer answers

    Extremely risky. Better to sell the property outright. Heed the signs. The tenants do not qualify for a loan from a mortgage company. Why?

    1 lawyer agreed with this answer

  3. Just rec'd a bankruptcy advertisement saying it can eliminate my home equity line of credit for $1k. Is this lawyer talking ch.7

    Answered almost 3 years ago.

    1. Hamid Jabbar
    2. John Gerth Merna
    3. Todd Joseph Mannis
    4. Dorothy G Bunce
    4 lawyer answers

    More than likely they are talking about a Chapter 13 if they use the word "eliminate". This is called "lien stripping".

    1 lawyer agreed with this answer

  4. I had motel which was foreclouser, first Bank transfer note to 3rd party while i filed ch 7 bk to stop foreclouser,

    Answered almost 3 years ago.

    1. John Gerth Merna
    2. Frank Wei-Hong Chen
    3. Linda Joy Copeland
    4. Theodore Lyons Araujo
    4 lawyer answers

    One of three things happened. Either the motel sold before you filed bankruptcy or the note holder got relief from the bankruptcy and foreclosed or the note holder is in violation of your bankruptcy Automatic Stay. Unfortunately, there are not enough details to determine which is the case.

    1 lawyer agreed with this answer

  5. Chpt. 7 conversion to chpt 13 was approved. Shouldn't I receive the notification date for a court appearance for the 13?

    Answered almost 3 years ago.

    1. Marco Antonio Torres
    2. John Gerth Merna
    3. Arash Shirdel
    4. Pierre George Basmaji
    5 lawyer answers

    Since it is only October 7th today I'm not sure how your conversion was approved on October 21st. But assuming it is a typo, the schedule 341 hearing takes longer to be assigned in a conversion than in a Chapter 7 filing. You are still required to comply with the filing of the plan within the required time. However, the answer if file the plan. Not filing the plan is terminal, so file the plan. Additionally, there are other schedules you are required to file in a conversion. If you are not...

    1 lawyer agreed with this answer

  6. In CA is chp 7 effective at stopping the storage auction and allow me to move my items out ? how sure is this? 20% - 100% wise?

    Answered almost 3 years ago.

    1. Stephen Craig Hinze
    2. John Gerth Merna
    3. Arash Shirdel
    3 lawyer answers

    You have several problems. The first is that you are trying to do this with out an attorney. The second is that you are risking apparently a lot of value on an internet answer. I disagree with my colleagues. California has a statutory lien law for storage facilities. If you file a Chapter 7 the value in excess of the lien could be liquidated by the trustee. It would halt the sale for the trustee to investigate whether the "bankruptcy estate" has an interest in liquidating your stored goods....

    1 lawyer agreed with this answer

  7. BAC foreclosure vs shortsale

    Answered almost 3 years ago.

    1. John Gerth Merna
    2. Gary D. Bollinger
    2 lawyer answers

    Unfortunately, you description of what transpired is not detailed enough to determine what recourse you may have against Bank of America. I think you were aware of the foreclosure sale approaching from your description. Bank of America did not need to authorize the "attempt" to short sell the property or advertise a short sale. So the question is did what ever "you say" Bank of America "agreed to" with regards to a short sale constitute a cancellation of the foreclosure or a "deceptive...

    1 lawyer agreed with this answer

  8. How do I find the outstanding debt on a house?

    Answered almost 3 years ago.

    1. John Gerth Merna
    2. Pamela Koslyn
    3 lawyer answers

    Combination of lien search and pulling credit report. Lien search might give you an approximation of any recently placed liens such as an HOA debt. Credit report should give you an approximation of the balance due on the mortgages. However, the stand procedure in a potential sales situation is to request payoffs.

    1 lawyer agreed with this answer

  9. When is it Over? Divorce Process

    Answered about 3 years ago.

    1. Howard M Lewis
    2. John Gerth Merna
    3. Mary G. Commander
    3 lawyer answers

    You attorney should be telling you what is next not you telling the attorney what is next. If you were not able to come to an agreement then the assumption is that your case will be contested. There will be a contested hearing scheduled. If your attorney is not laying this out clearly the first discussion you should have with the attorney is regarding communications. The Merna Law Group, PC Newport News - (757)599-9099

    1 lawyer agreed with this answer

  10. Stay in Ch 13 Bankruptcy or Convert to Ch 7 ??

    Answered about 3 years ago.

    1. John Gerth Merna
    2. Stephen M Trezza
    3. Alan S Dambrov
    3 lawyer answers

    Unfortunately, the options are too complicated to answer with such limited information. Advising you to convert to a Chapter 7 would be reckless unless I was sure you qualified, all your assets were protected, and that you had unsecured debt to elminate. I believe your question focuses more on what to do about your house. The first thing you need to do is meet with your Chapter 13 attorney. He is your best authority on the impact and advantages that your bankruptcy can provide to further...

    1 lawyer agreed with this answer

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