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Susan Schmeidler Blum
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Susan Blum’s Answers

149 total


  • Behind on Car Payment post bankruptcy.

    I filled for bankruptcy 4-5 years ago. I did not add in my car but my lawyer was able to reduce the car payments for me. I am currently going back to college full time and money is little if any. I got behind on my car payments and was going to ma...

    Susan’s Answer

    You should have your attorney contact the lender to see if something can be worked out. Good luck.

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  • My house is up for sale tomorrow. can I file bankruptcy emergency and stop the sale

    2 pm tomorrow. is that enough time

    Susan’s Answer

    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.

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  • Forced to file Chapter 7 what happens to my house will it go into a foreclosure they won't even talk to me now.

    I have been on SSI for a perm disability for almost 3 years. Lots of medical expenses charged to credit cards, etc. everyday expenses unforeseen by loss of income. I finally realized that I couldn't keep up anymore so after I missed my 1st cc paym...

    Susan’s Answer

    The mortgage company cannot talk to you because of the automatic stay. Do you have an attorney for the mortgage company to discuss your options with? The attorney can also give authorization for the mortgage company to speak directly to you. As long as you don't reaffirm the mortgage, then your personal liability for the mortgage is discharged in the bankruptcy. You can continue to live in the home until it is foreclosed, which might be a very long time as mentioned by the previous poster. Keep in mind that until the house is actually foreclosed or there is another action such as a deed in lieu of foreclosure, the house remains in your name and you are responsible for items such as insurance and homeowner's association fees. With money so tight you can stay in the house "rent free" until the time that the lender forecloses on the home.

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  • What should I do?

    - Divorced - Was told by a lawyer all debts would be cleared if I would file for bankruptcy - Filed for bankruptcy - Borrowed money from relative hoping to start over - Bank levied by IRS 2012 (about $2,000) - Called and was told IRS debt was...

    Susan’s Answer

    In order to have tax debt discharged in a bankruptcy it must meet three criteria: 1) It must be at least three years from when the taxes were due; 2) It must be at least 2 years from when the tax return was filed; and 3) The taxes could not have been assessed in the past 240 days.
    Taxes owed for 2011 and 2012 would be too recent to get the benefit of the discharge in the bankruptcy. You'll need to speak with the IRS for a payment plan or to try to workout an offer and compromise.

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  • Filed chapter 13 2009. Husband died 2011. Denied discharge by bankruptcy court.

    Husband died 12/2011 and I lost his income. I am continuing to pay chapter 13 payments since Aug. 2009. Went to the lawyer that handled bankruptcy to file for a discharge. She petitioned the bankruptcy court and they denied my discharge. I ca...

    Susan’s Answer

    • Selected as best answer

    What was the purpose of filing the Ch 13 in the first place - were you just trying to get rid of debt or were you trying to save a home or a car? If you were using the 13 to pay arrears then there's a good chance that you would need to stay in the 13 to protect the property. However, if it was only to pay off debt, you have the options of petitioning the court for a hardship discharge or converting to a Chapter 7. You should discuss both of these options with your bankruptcy attorney. If the loss of your husband's income is great enough and your budget negative each month, then there's a good chance that either a hardship discharge or conversion to a 7 will work. Talk to your attorney.

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  • Foreclosure Auction scheduled for May 31, too late to do anything?

    Do I have any options? If so, what they? If not, what happens at/after the auction? Do I have to get out? What would Attorney fees be for this?

    Susan’s Answer

    I'm not sure about the details of your situation, how delinquent are you, or what your goal with your house is. Do you just want to stall the foreclosure or do you want to save your home? Bankruptcy is an option for both of these. If your goal is to forestall the foreclosure, give you more time in your home to settle things, and possibly live there for another period of time (how short or long is anyone's guess), you can file a Chapter 7. Once you file the Chapter 7 the automatic stay is in effect and it will halt the foreclosure sale. If you don't do anything to cure the arrears, then the Ch 7 will force the foreclosure process to re-set - you'll have more time in the house. If your goal is to save your home, then you would need to file Chapter 13 bankruptcy. The arrears are put in the payment plan to the Trustee, and you'll be paying back those for a period of 3-5 years. You must continue to pay the mortgage directly to the lender during the Chapter 13, on time every month and staying current. This could be an option for you if you can afford your monthly mortgage payment + paying the Ch 13 Trustee every month. Contact a local bankruptcy attorney; many offer free consultations.

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  • Can I send a cease and desist letter to an original creditor in the state of Georiga?

    I have a credit card debt that I am currently paying off, however I missed my last payment as I can not afford to pay it. I intend on paying it as soon as possible. In the mean time I've recieved numerous calls from the credit card company. I don'...

    Susan’s Answer

    The FDCPA does not apply in your situation because it is an original creditor. They'll likely continue calling you and maybe would lighten up if you called and explained your situation, but until you get current with payments they won't go away. You can try to work out a payment plan with them or send them what you can each month.

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  • I have a private physician bill for 486.00 I am unable to pay. Can they garnish my meager wages?

    I live in GA and I make roughly 180.00 a week, below poverty. I have contacted them several times to try and lower my bill based on the fact that my income is so low. I have even faxed them several times with proof. They are dodging me and claim t...

    Susan’s Answer

    There are several steps that the creditor doctor must take before a garnishment could happen. First, the creditor must sue you. Then there must be a judgment against you. Only when there is a judgment can your bank accounts and paycheck (up to 25%) be garnished. There is a cost associated with hiring an attorney to file the lawsuit and the necessary steps before there is a judgment, and a debt of 486 might have too small of a return to justify the time and expense to sue you.
    Do you have other debts in addition to this medical bill? How much? You can consult with a bankruptcy attorney (many offer free consultations) to determine if it would make sense for you to file bankruptcy.

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  • No results matched your search for i just got mail today, i owed a collection agency 700.00 we agreed on a payment plan, and i f

    they sent me a paper last month saying i was not behind ...

    Susan’s Answer

    Collection agencies will often work out payment arrangement with debtors, either a negotiated discount paid by a lump-sum payment or by accepting payments each month.

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  • If a judge ruled in favor of a collector in a bank garnishment case can I appeal it

    the original default judgement was filed in a different county than the garnishment judgement against my bank account, and the county with the garnishment the judge ruled in favor of the collector. Can I appeal both the original default judgement ...

    Susan’s Answer

    On what basis do you feel that you can challenge the judgment? You should contact an attorney to discuss the situation and determine whether there is any basis to appeal the judgment. As far as the garnishment, once there is a judgment against you the creditor has a right to garnish any bank account in your name and your wages (up to 25%). The garnishment action would be filed in the county associated with that bank account or where your employer is located. Filing bankruptcy would allow you to avoid the judgment and, as a result, stop any potential garnishment. The debt would be discharged in the bankruptcy. You should discuss your options with a bankruptcy attorney as soon as possible. Many offer free consultations (as I do), so don't hesitate to reach out.

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