Susan Schmeidler Blum’s Answers

Susan Schmeidler Blum

Atlanta Chapter 7 Bankruptcy Attorney.

Contributor Level 11
  1. Creditor won a judgment in a court. I'm filing Chapter 7.

    Answered over 1 year ago.

    1. Brian Crozier Whitaker
    2. Susan Schmeidler Blum
    3. Justin Drayton Graham
    4. Diane L Gruber
    5. Brad Francis Weil
    5 lawyer answers

    After you file the Chapter 7 bankruptcy, your attorney will then file a Motion to Avoid Lien. This judicial lien that has attached to an asset that you, as the debtor, can claim as exempt can be avoided the extent that the lien impairs the value of your exemption. An attorney will navigate you through this process.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Chap 7 BK filed 5/15/13; current with 1st Mortgage. BofA sold mortgage to Green Tree. BK specifically said I wanted to keep home

    Answered about 1 year ago.

    1. Adam Brooks Arnold
    2. Edmond Richard McGuire
    3. Myron Wayne Tucker
    4. Susan Schmeidler Blum
    4 lawyer answers

    When you file bankruptcy all of your debt is included. You can choose to remove debt from the protection of the bankruptcy umbrella by reaffirming the debt. It is typically not recommended and not necessary for one to reaffirm a mortgage - this is something that you should speak with your attorney about. Assuming that you will NOT reaffirm your mortgage, your personally liability to the mortgage will be discharged with the bankruptcy; however, the lien against the home would still exist. If...

    4 lawyers agreed with this answer

  3. Can I be denied employment if I previously filed Chapter 7?

    Answered over 1 year ago.

    1. Susan Schmeidler Blum
    2. James Portman Webster
    3. Maxim Christopher Zawojski
    3 lawyer answers

    There is nothing specifically in the bankruptcy code that prevents a private employer from discriminating against an application for employment. Although the bankruptcy code does permit a private employer from terminating employment based on a bankruptcy filing. In either scenario - and especially the case where you are not yet an employee and looking for a job - it might be very difficult to prove the cause of not being hired since the bankruptcy filing would come up in credit checks and...

    4 lawyers agreed with this answer

  4. If you cosponsor for an immigrant... Can you still claim bankruptcy?

    Answered over 1 year ago.

    1. Giacomo Jacques Behar
    2. Susan Schmeidler Blum
    3. Dorothy G Bunce
    3 lawyer answers

    You are still able to file bankruptcy if you sponsor someone for immigration purposes. What is important, and is the same for an individual who is working towards citizenship, is that your bankruptcy petition is on the public record, as are the immigration documents. You will want to make sure that all information is the truth and that the paperwork for any bankruptcy is consistent with what you submitted for immigration purposes. Bankruptcy would also not absolve you from the financial...

    4 lawyers agreed with this answer

  5. After 8 years divorced my ex sued me for 7000 plus attorney fees. I have 3 months to pay can i go bankrupt?

    Answered over 1 year ago.

    1. Howard M Lewis
    2. Herbert Weinberg
    3. Susan Schmeidler Blum
    4. Alan S Dambrov
    4 lawyer answers

    Is this the only debt that you have? The fees you would pay for a bankruptcy would be a great percentage of the benefit that you would realize if this is all the debt that you have. There is also a chance that the 7000 might not be dischargeable if it is part of a domestic support obligation. You would be better served to work out a payment plan with your ex and her attorney.

    4 lawyers agreed with this answer

  6. I was laid off temporarily a week after filing for chapter 13. How do you know if Im eligible for a 90 day suspension?

    Answered over 1 year ago.

    1. Ashley Anne Digiulio
    2. Theodore Lyons Araujo
    3. Susan Schmeidler Blum
    3 lawyer answers

    You likely won't be able to get your Chapter 13 plan confirmed without first making the plan payments. You are permitted to file a motion to suspend plan payments once in a Chapter 13, and that would be useful in situations like yours where the stoppage in payments is temporary. Is there a specific reason why you are intent on staying in a Chapter 13 - protecting assets or trying to save a home or car? If you don't have one of these situations or a similar one that a Chapter 13 could help with,...

    4 lawyers agreed with this answer

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

    Answered about 1 year ago.

    1. Susan Schmeidler Blum
    2. Robert G. Rothstein
    3. Curt Blackburn Thompson II
    4. Adrian Kaspar Pritchett
    5. Dorothy G Bunce
    6. ···
    6 lawyer answers

    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.

    2 lawyers agreed with this answer

  8. How can I file bankrupcy that it wont affect my business?

    Answered over 1 year ago.

    1. Susan Schmeidler Blum
    2. Glen Edward Ashman
    3. Robert M. Gardner Jr.
    3 lawyer answers

    What is important in the analysis of whether a Chapter 7 or a Chapter 13 would be better for you is what your LLC looks like and how it operates: What is the value of the LLC; Does it have any assets or inventory; Is it service-based (such as consulting); What income have you earned and profit has the LLC made in the past 6 months? The answers to these questions will help determine if you would be better suited for a Chapter 7 or a Chapter 13. Feel free to give me a call (770-393-4985) so we...

    2 lawyers agreed with this answer

  9. If i file bankrupcy, will my Limited Liability Company be affected? If so, how?

    Answered over 1 year ago.

    1. Susan Schmeidler Blum
    2. Glen Edward Ashman
    3. Robert M. Gardner Jr.
    4. Adrian Kaspar Pritchett
    5. John B. Lyle
    5 lawyer answers

    What is important in the analysis of whether a Chapter 7 or a Chapter 13 would be better for you is what your LLC looks like and how it operates: What is the value of the LLC; Does it have any assets or inventory; Is it service-based (such as consulting); What income have you earned and profit has the LLC made in the past 6 months? The answers to these questions will help determine if you would be better suited for a Chapter 7 or a Chapter 13. Feel free to give me a call (770-393-4985) so we...

    2 lawyers agreed with this answer

  10. Am I able to still file a chap.7 after 9 months of non payment on 2 mortgages

    Answered over 1 year ago.

    1. Shonterria Renek Martin
    2. David L. Holbrook
    3. Robert M. Gardner Jr.
    4. Susan Schmeidler Blum
    5. Glen Edward Ashman
    6. ···
    6 lawyer answers

    Is your goal to keep or surrender the home in bankruptcy? If you want to retain your home, then filing a Chapter 7 will not help you. After filing the 7, if you are not current with the mortgage the lender will file a Motion for Relief from Automatic Stay and begin foreclosure proceedings at any point after that. You would need to file a Chapter 13 if your goal is to keep your home - the arrears would be in a payment plan lasting 3-5 years. Filing a Chapter 7 will allow you to surrender the...

    2 lawyers agreed with this answer

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