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Susan Schmeidler Blum
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Susan Blum’s Answers

149 total


  • Can claim my community ?

    I am staying present community since one and half years my electricity bill usually comes not more than $70 or $ 80. But last two month it come $250 first time in April when bill comes $250 I complain my community office they didn't nothing again...

    Susan’s Answer

    If the bill is coming from the electric company you should call them and ask what changes could have caused your electricity bill to increase that much. If you feel like you are having issues with the landlord or community association you could contact the county or legal aid to see if there was an attorney who could advocate on your behalf.

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  • I had a chapter 7 bankruptcy discharged in 2007 and find myself again in a negative situation again.

    I was laid off from my employer and recently found another job, however with a large decrease in income. I can no longer afford my car payment. My lender will not refinance my loan and I cannot find another lender since I am upside down on my lo...

    Susan’s Answer

    You are only eligible to file another Chapter 7 and get the discharge if it's been 8 years from the original filing date for the Chapter 7; based on your 2007 figure, this would put you somewhere in the range of 2015 to be able to file another Chapter 7 and get the discharge. You can, however, file a Chapter 13 and get the discharge 4 years after filing the original 7, so you would be eligible to file a 13.
    If you are unable to wait the 2 years to file the Chapter 7, then a 13 could give you some options. You could voluntarily return the car with any deficiency paid in the 13. If you are delinquent with payments, you could put the arrears in a payment plan. If you choose to keep the car, you could pay a lower interest rate and spread out those payments over a period of 5 years.
    You could also choose to just wait it out and see what the creditor does. If it doesn't come after you right away to recover the deficiency then you're buying more time until you get to 2015 and are able to file another Chapter 7. You could choose to be reactive in filing the bankruptcy rather than proactive. You should seek local counsel to help you with your options.

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  • Should I continue to pay my mortgage while waiting on a reinstatement figure?

    I am in a chapter 7 and i was in the process of paying the 2 payments and a motion to lift stay was filed and I have bee waiting for three weeks for a figure. The hearing is July 30th. I dont want to be sending them money and they come up with t...

    Susan’s Answer

    While you don't know the exact figure, you should have a general sense of what you would owe the mortgage company based on the months that you missed - then you could round it up considerably to add attorney's fees and delinquency penalties to that figure. When you come up with this number is this something that you could reasonably pay prior to the July 30 hearing in order for the bank's attorney to withdraw the motion to lift stay? At some point soon you should hopefully get the real reinstatement figure from the bank. If you've only missed a couple of months of payments then perhaps you'll be able to come up with a lump-sum to pay off the delinquency. If it's been months and months that you haven't paid your mortgage, let's say while you were waiting out to see whether a modification would be approved, then it might not be possible for you to cure the delinquency. If that's the case and you want to keep the house you might consider converting the Chapter 7 to a Chapter 13. In a 13 you would put the arrears in a payment plan to be paid back over a period of 3-5 years, if you can afford it.

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  • In a Chapter 7, does past unreported income jeopardize or delay the case?

    If a fraudulent tax return was filed but the unreported income is then listed on the bankruptcy petition, is the petition dismissed or would it be delayed until back taxes and penalties are paid? Could the bankruptcy be completed and back taxes pa...

    Susan’s Answer

    You must be honest and tell the truth with all aspects of your bankruptcy petition and that includes listing all income no matter the source and whether it was reported and taxes paid on it. By being truthful on your bankruptcy petition you are doing yourself a service! However, it seems like that puts you in a quandary as far as the IRS if you didn't accurately report income on your taxes. You should be taking steps to amending your past tax returns and hiring a good tax attorney or accountant to lead you through the process.

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  • How long does it take for a collection agency to get a judgement and does it involve me?

    Regarding a hospital bill in excess of 20k. No other debt. Also trying to figure out if I am involved in the process or just a victom of the process?

    Susan’s Answer

    Before a creditor can get a judgment against you, it must first file a lawsuit against you. Once you are served with the lawsuit, you have 30 days within which to answer the lawsuit. If you do nothing - don't answer the lawsuit, don't file bankruptcy - then at some point it is likely that a default judgment would be entered against you. If you don't involve yourself by answering the lawsuit then there's a good chance that there would be a judgment. And even if you answer, it is likely that a judgment would be entered once the creditor files a motion for summary judgment. You should speak with an attorney about what your options are in responding to the lawsuit and whether a bankruptcy filing is necessary. I'm happy to speak with you.

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  • Chapter 7 Bankruptcy and a title loan with Title Max.

    I have a title loan with title max and they usually contact me when my payment is due but I haven't heard from them. What should I do since I am in the middle of my Chapter 7? Can I still make payments to them or should I wait until my bankruptcy...

    Susan’s Answer

    Your creditors cannot contact you or send billing statements once you are in bankruptcy because of the automatic stay that is in effect. Because the title loan is a secured loan, you would need to continue making payments on it in order to maintain the collateral. If your goal is to keep the car then you should continue making payments. If, on the other hand, you would like to surrender the car in the bankruptcy then you would not need to make anymore payments.

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  • Can a condo. Association bill me even after an auction sale. Also did they not violate a law collecting during chapter 7. ?

    Served me with a claim two month ago. Still billing me dues The unit was foreclosed and sold in 2011. Had given up the unit in buncruptcy. They are also going after my brother who co- signed but never lived there. What is my course of acti...

    Susan’s Answer

    If you received a bankruptcy discharge, then all pre-petition condo association fees would have been discharged in the bankruptcy. However, any association fees or penalties accrued after you filed the bankruptcy you would be responsible for until the property is out of your name. You want to review an accounting of the fees that the condo association says you owe. If these fees were from after you filed the bankruptcy then you would be responsible for them until the property was out of your name. It is likely within the rights of the condo association to go after the co-signer too.

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  • Can Ch 13 filing stop sale at auction or by phone on day of sale

    Filed 5/24/2013 at 12:55 PM PST Sale date 6-28-13 at 10 PM PST at 400 Civic Center Plaza, Pomona CA Holiday on Monday 6-27-13 First American Trust is Trustee and stopped taking phone calls on 06-25-13 at 1:30 PM PST They are in Texas so the t...

    Susan’s Answer

    I assume you mean 5/28/13 for sale date and 5/25/13 for date on which you made contact and informed creditor of the bankruptcy filing?
    Even though you cut it very close by filing the bankruptcy 4 days before the foreclosure sale date on a holiday weekend, the bankruptcy is supposed to stop the foreclosure. However, you must be certain that proof of the bankruptcy filing be communicated with the creditor and its local counsel prior to the 5/28 sale. The local attorney is used to last-minute calls about the bankruptcy filing, so you should fax, email, and call, call, call first thing Tuesday morning to make sure that the bankruptcy information is communicated to both the lender and, more importantly, the local counsel. It also would not hurt to show up at the sale with proof of the filing should you not be satisfied that the local counsel received the filing information. Good luck!

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  • Want to file bankcruptcy chapter 13 I bought the car over two yrs ago for a little over100,000 n owes approx $28,000. Can I put

    The rest if loan to chapter 13? Car is now only worth aporox 40,000.00 and still keep the car?

    Susan’s Answer

    If you file a Chapter 13, the remainder of your car loan would be in the Chapter 13 plan.
    It also seems like there will likely be some equity in the car that you would need to protect. You should definitely speak with a local bankruptcy attorney to determine how much equity in the car and what this would mean for your Chapter 13 payments in order to protect it.

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  • What form do I need to submit to withdraw my chapter 13 Bankruptcy?

    I would like to withdraw my be. I'm at early stages.

    Susan’s Answer

    If you are at the early stages and your Chapter 13 has not been confirmed yet, simply not making your Chapter 13 plan payments and/or not complying with the trustee's objections would cause your case to not be confirmed. If you have already had your plan confirmed, then you can stop making the plan payments, and the trustee will eventually file a Motion to Dismiss for your failure to make plan payments.

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