Susan Schmeidler Blum’s Answers

Susan Schmeidler Blum

Atlanta Chapter 7 Bankruptcy Attorney.

Contributor Level 11
  1. Wrong amount entered on petition for credit card debt. is this ok?

    Answered over 1 year ago.

    1. Susan Schmeidler Blum
    2. Jayson Lutzky
    3. Ted A Troutman
    4. John P. Brooke
    5. George John Dezenberg Jr.
    5 lawyer answers

    Your bankruptcy petition serves as notice to your creditors that you have filed bankruptcy and will not be able to pay your debt to them. What is important is the notification piece. Correctly including the dollar amount that you owe an unsecured creditor doesn't matter. As a matter of fact, with interest charges, non-payments, etc., the debt amount changes almost daily. What is important is that the creditor was notified of the bankruptcy filing.

    10 lawyers agreed with this answer

  2. Filing for Chapter 7, must I include bank statements with my filing?

    Answered over 1 year ago.

    1. Stuart Gregory Steingraber
    2. Michael J Corbin
    3. Susan Schmeidler Blum
    4. Sarkis Jacob Babachanian
    5. Brad Francis Weil
    6. ···
    6 lawyer answers

    In addition to the bankruptcy petition and schedules, you will need to file the pre-filing credit counseling certificate and payment advices with your bankruptcy filing. You might have to provide the Ch 7 trustee with copies of bank statements if they are requested. You would be best served if you speak with a bankruptcy attorney rather than trying to file on your own.

    9 lawyers agreed with this answer

  3. I am currently in a chapter 13 the automatic stay has been lifted on my property can I convert my chapter 13 to a chapter 7

    Answered over 1 year ago.

    1. Susan Schmeidler Blum
    2. Glen Edward Ashman
    3. Robert M. Gardner Jr.
    4. Thomas A McAvity
    5. Rafael Gil III
    6. ···
    6 lawyer answers

    A Debtors' right to convert from one chapter of bankruptcy to another is automatic and the first conversion will be automatically granted. When you convert you will need to file an amended budget (schedules I and J), new Statement of Intention, and any other supporting docs. You will need your budget to support a conversion from a Chapter 13 to Chapter 7. Have you had a loss or change of income that does so? If your budget supports the conversion there should be no objections. Another...

    7 lawyers agreed with this answer

  4. Can Student loans be included on a chapter 13?

    Answered over 1 year ago.

    1. Susan Schmeidler Blum
    2. Alison E. Cordova
    3. Michael Avanesian
    4. Brian Crozier Whitaker
    5. Dorothy G Bunce
    5 lawyer answers

    If there is an extreme hardship, student loans may be discharged in a bankruptcy. However, it is extremely difficult to meet this hardship threshold and in only those rare and extreme circumstances are student loans discharged in bankruptcy. To assess whether there is a hardship, the court would look into one’s future ability to work and earn income. Age is a major factor in this analysis, as is ability to work (not ability to find work). In a Chapter 13, you can either choose to pay student...

    Selected as best answer

  5. We filed chapter 7 in 2000 and Chapter 13 in 2006, bothe have been dishcharged , can we file chapter 7 again ?

    Answered over 1 year ago.

    1. Matthew Scott Berkus
    2. Susan Schmeidler Blum
    3. David John Hastings
    3 lawyer answers

    You need to wait 6 years between the filing date of a Chapter 13 to file a Chapter 7 and get the discharge, so you would be eligible to file a Chapter 7 now. If your only source of income is social security then you might be "judgment proof." You should consult with an attorney to see if bankruptcy is the right answer for you.

    8 lawyers agreed with this answer

  6. Do I need a lawyer to file for Bankruptcy the right way.?

    Answered over 1 year ago.

    1. Heather Morcroft
    2. Susan Schmeidler Blum
    3. Eugene P. Castagliuolo
    4. William Joseph Kopp Jr.
    4 lawyer answers

    The laws governing bankruptcy are complicated. Determining which bankruptcy you qualify for, Chapter 7 or Chapter 13, can be confusing, and it is important for you to understand how your assets can be protected when you file bankruptcy. While it is possible for you to file pro se (without the help of an attorney), it is not recommended. The benefit and peace of find that you will get from using an attorney will far outweigh the potential traps that you can find yourself in if you depend on...

    8 lawyers agreed with this answer

  7. Can we convert from a chapter 13 to chapter 7

    Answered over 1 year ago.

    1. Susan Schmeidler Blum
    2. Steven W Zachary
    3. Diane L Drain
    4. Joseph Ryan
    4 lawyer answers

    A debtor's right to convert is automatic and the first conversion will be automatically granted. If you choose to convert, you would need to file the amended budget (schedules I and J), new Statement of Intention, and any other supporting docs. If the means test shows that you will qualify for the 7, then you can file that as well. You should be speaking to your attorney about what information and documents are needed in order for the attorney to file the motion to convert.

    8 lawyers agreed with this answer

  8. I am currently in a chapter 13 the automatic stay has been lifted on my property can I convert my chapter 13 to a chapter 7

    Answered over 1 year ago.

    1. Susan Schmeidler Blum
    2. Glen Edward Ashman
    3. Jennifer Mollie Hunter
    4. Daniel Dwight Bowen
    5. Carla Miller Handy
    6. ···
    6 lawyer answers

    A Debtors' right to convert from one chapter of bankruptcy to another is automatic and the first conversion will be automatically granted. When you convert you will need to file an amended budget (schedules I and J), new Statement of Intention, and any other supporting docs. You will need your budget to support a conversion from a Chapter 13 to Chapter 7. Have you had a loss or change of income that does so? If your budget supports the conversion there should be no objections. Another...

    5 lawyers agreed with this answer

  9. How honest should I be with my bankruptcy attorney if I had willfully ran-up credit card charges prior to filing BK?

    Answered over 1 year ago.

    1. Michael Raymond Daymude
    2. Walter C Oney Jr
    3. Scott Benjamin Riddle
    4. Dorothy G Bunce
    5. Susan Schmeidler Blum
    6. ···
    6 lawyer answers

    You should reveal all relevant information with your attorney regarding your financial situation and activity, whether the information pertains to action from a day ago, a month ago, or years ago. Your attorney will be able to discern what information is pertinent and should be revealed on the bankruptcy petition. Only with complete and full knowledge can your bankruptcy attorney ably and zealously represent you. Your attorney can best advise as to what action can be taken with your bankruptcy...

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. I'm in the process of filing all past due tax returns and filing chapter 13 bankruptcy. Will interest/penalties have to be paid?

    Answered over 1 year ago.

    1. Glen Edward Ashman
    2. Brian Crozier Whitaker
    3. Susan Schmeidler Blum
    4. Robert M. Gardner Jr.
    5. Kathryn Ursula Tokarska
    5 lawyer answers

    While the interest and fees are priority debt that will need to be paid back in the bankruptcy, once you file the bankruptcy neither interest nor fees will continue to accrue. You do not have to wait until the returns are processed (or even filed) to file the bankruptcy, however it is good process to at least have them filed prior to filing the bankruptcy. In the Northern District of Georgia, your Chapter 13 plan will not be confirmed until you file/process all tax returns. If a Chapter 13...

    4 lawyers agreed with this answer

770-393-4985