Susan Schmeidler Blum’s Answers

Susan Schmeidler Blum

Atlanta Chapter 7 Bankruptcy Attorney.

Contributor Level 11
  1. My house is up for sale tomorrow. can I file bankruptcy emergency and stop the sale

    Answered almost 2 years ago.

    1. Glenn R Reiser
    2. Susan Schmeidler Blum
    3. Dorothy G Bunce
    3 lawyer answers

    Yes, you can, the difficulty for you is going to be finding an attorney to help you with this emergency petition at such a late hour. Keep in mind that you must complete the pre-filing Credit Counseling course online before filing the bankruptcy petition. You can also attempt an emergency skeletal petition, which would give you time to file the schedules at a later time. Good luck.

    3 lawyers agreed with this answer

  2. Can a garnishment be taken out after bankruptcy has been filed?

    Answered almost 2 years ago.

    1. Dorothy G Bunce
    2. Stephen Clark Harkess
    3. Susan Schmeidler Blum
    4. Joseph Ryan
    4 lawyer answers

    The garnishment will stop with a bankruptcy filing. Sometimes there might be issues with a post-filing garnishment if the payroll information was sent prior to the bankruptcy being filed or the employer notified. You should be able to recoup any post-filing garnished wages. Also, you should have listed any pre-filing garnished wages as an asset on Schedule B, using your wildcard exemption to protect. This will allow you to recover any pre-petition garnished wages.

    3 lawyers agreed with this answer

  3. Which federal exemption code do I list for a Chapter 7 tax refund exemption? Can I list my household/clothing together or each 1

    Answered almost 2 years ago.

    1. Joseph Ryan
    2. Edward W. Harness
    3. Susan Schmeidler Blum
    4. Diane L Gruber
    4 lawyer answers

    As you are experiencing as you are trying to fill out and get a handle on the bankruptcy petition and schedules, the laws are complicated and the nuances are overwhelming. I know you want the answers, but the best advice I can give is for you to contact a local bankruptcy attorney. Many offer free consultations; reach out to one. There is a good chance that you will find that the fee that you pay to get the bankruptcy filed will be a huge bargain compared to what you might end up paying to the...

    3 lawyers agreed with this answer

  4. Can assets be put into an LLC, thus protected prior to filing bankruptcy?

    Answered almost 2 years ago.

    1. Leonard Komen
    2. Susan Schmeidler Blum
    2 lawyer answers

    There are a couple of issues with the situation that you presented. First, you cannot transfer assets out of your name prior to the bankruptcy filing with the hopes of keeping those assets out of the bankruptcy estate. On the bankruptcy petition you must report the transfer/sale/transfer of title/interest or lien secured, etc. in the 2 years preceding the bankruptcy filing. It is precisely for this reason: so debtors do not hide assets from the trustee and try to get them excluded from the...

    3 lawyers agreed with this answer

  5. Does the court use the Chapter 7 Schedule I or the Statement of Current Monthly Income to calculate my ability to repay debts?

    Answered almost 2 years ago.

    1. Andrew Daniel Myers
    2. Susan Schmeidler Blum
    3. Richard N Gottlieb
    4. Dorothy G Bunce
    4 lawyer answers

    The means test is typically how the US Trustee will determine whether you can pay back your debt, and your budget (Schedules I and J) should fall within the same range as the means test. However, if there has been a change in circumstances (such as job loss, reduction in pay, increased expenses, new child, and the list goes on), then the budge would be looked at as controlling what, if anything, you can pay back to creditors. The bankruptcy laws and calculations surrounding your qualification...

    3 lawyers agreed with this answer

  6. I can not afford an attorney to file for bankruptcy. I know that one can file one's own paper work, but not that easy.

    Answered almost 2 years ago.

    1. Susan Schmeidler Blum
    2. Jeffrey B. Lampert
    2 lawyer answers

    You are correct: while filing a bankruptcy pro se (on your own, without the counsel of an attorney) is permissible, it is not always advisable. The bankruptcy laws are intricate and there is a lot that can go wrong when one decides to file a bankruptcy by himself or herself. You would want to make sure that all of your assets are protected and that all of the debt that you have is actually discharged, among other things. There should be a local attorney available to you who can discuss a...

    3 lawyers agreed with this answer

  7. Is Chapter 7 or suing my ex - wife the only options to protect myself against the recovery group?

    Answered almost 2 years ago.

    1. Kelly Marie Resnick
    2. Michael Avanesian
    3. Susan Schmeidler Blum
    3 lawyer answers

    Even though your divorce decree stated that you would be held responsible for the debt associated with the condo, this did not absolve your responsibility for the debt where the creditors are concerned. While you can sue your wife civilly because of the divorce agreement, creditors can still come after you because legally you are still responsible for the debt. Filing bankruptcy would take care of this for you and allow you to discharge the debt. Many factors go into your eligibility for filing...

    3 lawyers agreed with this answer

  8. What happens if I file for Chapter 7 and my salary increases by $1000 or so after my filing date? Will I have to refile?

    Answered about 2 years ago.

    1. Michael Hal Schwartz
    2. Susan Schmeidler Blum
    3. Paula Brown Sinclair
    3 lawyer answers

    In order to qualify for a Chapter 7, your income from the 6 months preceeding the month in which you filed the bankruptcy is considered. Your income is also reported on Schedule I – the income portion on the budget. Based on what you presented in your question, it appears that you qualified for the chapter 7 based on your 6 months income and your balanced budget. Have you had your 341 hearing yet? If not, you should be prepared to answer any questions about increased income if the trustee asks...

    3 lawyers agreed with this answer

  9. What can i do against collection agency?

    Answered over 1 year ago.

    1. James Marvin Feagle
    2. Kevin Joseph Pratt
    3. Susan Schmeidler Blum
    3 lawyer answers

    I'm sorry to hear about your husband. Since he does not live at the number at which the collector is calling, inform them and request that they no longer call the number. Sending a letter (certified mail) to them will get on the record that you've requested them to stop calling. Continuing calls could be in violation of the Fair Debt Collection Practices Act. You could also send the collector a Cease and Desist letter on behalf of your husband. Assuming your husband is not working and only has...

    1 lawyer agreed with this answer

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

    Answered over 1 year ago.

    1. Glen Edward Ashman
    2. Susan Schmeidler Blum
    3. Dorothy G Bunce
    3 lawyer answers

    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...

    1 lawyer agreed with this answer

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