Jeffrey David Solomon’s Answers

Jeffrey David Solomon

Hollywood Chapter 7 Bankruptcy Attorney.

Contributor Level 12
  1. Can someone who filed a chap 7 previously file a Chap 13 afterward ? How long he has to wait in between filings?

    Answered 12 months ago.

    1. Shaye Larkin
    2. Timothy J Sierra
    3. Rex Edward Russo
    4. Blake Owen Brewer
    5. Jeffrey David Solomon
    6. ···
    8 lawyer answers

    As a Broward County bankruptcy attorney, I can tell you that you can file a chapter 13 to pay secured debt even though you cannot obtain a discharge. Has the chapter 7 been completed, has there been a discharge yet? The ability to strip a second mortgage or association lien is lost after obtaining a discharge, (based on local judges' opinions). It may be advisable to file a motion to convert the chapter 7 to a chapter 13. A chapter 13 also permits you to participate in a new mortgage...

    6 lawyers agreed with this answer

  2. I want to file Chapter 7. I am certain the IRS debt will be discharged but how can I get the lien lifted?

    Answered about 1 year ago.

    1. Jeffrey David Solomon
    2. Shaye Larkin
    3. Blake Owen Brewer
    4. Kevin Christopher Gleason
    5. Robert Jan Suhajda
    6. ···
    7 lawyer answers

    An adversary complaint against IRS can be filed during the bankruptcy case to confirm the debt is discharged. The lien continues to attach against existing property you own at the time of filing the case, but the judgment in the adversary complaint can specify that the IRS lien does not attach against future acquired assets.

    6 lawyers agreed with this answer

  3. Does filing a Chapter-7 Bankruptcy remove a Final Judgment (Credit Card Debt) and the need to file Form 1.977 Thanks

    Answered over 1 year ago.

    1. Ryan Norman Singleton
    2. Jeffrey David Solomon
    3. Anne-Marie L. Bowen
    4. Gary D. Bollinger
    5. Robert Jason De Groot
    5 lawyer answers

    The Chapter 7 filing creates an automatic stay which prevents any efforts to collect your debt outside of bankruptcy. This includes discovery requests and the Fact Information Sheet provided you with the Judgment. Jeffrey Solomon Law Office of Jeffrey Solomon 3864 Sheridan St. Hollywood, FL 33021 Ph: (954) 967-9800 Fax: (954) 963-2227 Email: solomonjeffrey@hotmail.com Website: www.solomonlawoffice.com Blog: www....

    6 lawyers agreed with this answer

  4. Should I add a creditor to my Ch. 7 Bankruptcy creditor matrix?

    Answered over 1 year ago.

    1. Jeffrey David Solomon
    2. Kevin Christopher Gleason
    3. Derek R. Caldwell
    4. Scott Benjamin Riddle
    5. J. Thomas Smith Ph.D.
    5 lawyer answers

    You can amend the bankruptcy schedules to add a creditor. Provide a copy of the notice of bankruptcy to the creditor. The clerk will charge a $30 filling fee unless you qualified for the filing of the bankruptcy without fee.. Jeffrey Solomon Law Office of Jeffrey Solomon 3864 Sheridan St. Hollywood, FL 33021 Ph: (954) 967-9800 Fax: (954) 963-2227 Email: solomonjeffrey@hotmail.com Website: www.solomonlawoffice.com Blog: www....

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  5. Is it possible to wipe out unsecure portion of mortgage ?

    Answered over 1 year ago.

    1. Lewis Matthew Roberts
    2. Jeffrey David Solomon
    3. Kevin Christopher Gleason
    4. Mark Martella
    5. Rex Edward Russo
    5 lawyer answers

    You have discharged the entire mortgage debt on your first mortgage if you did not sign a reaffirmation agreement. However, the bank retains its full lien rights, so you must continue to make your payments on the full mortgage balance or the bank can foreclose.

    6 lawyers agreed with this answer

  6. How many years does personal guaranty is valid for after filling for Chapter 7 business liquidation?

    Answered about 2 years ago.

    1. Richard Allan Heller
    2. Jeffrey David Solomon
    3. David Lloyd Merrill
    4. Scott Steven Sheffler
    4 lawyer answers

    As a Broward County bankruptcy attorney, one point should be clarified with your question. I do assume you filed a corporate bankruptcy and had a separate personal guarantee. Then I would agree with the responses. You might now be beyond any statute of limitations which in Florida is 5 years on a written instrument. If your prior bankruptcy was in your name and you received a personal discharge after the conversion to chapter 7, then the guaranty should already be discharged.

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  7. I exempted my car in Chapter 7 bankruptcy. If the Trustee doesn't object to my exemption within 30 days, is the car mine?

    Answered about 1 month ago.

    1. Jeffrey David Solomon
    2. Kenneth A. Reynolds
    3. Kendall David Coffman
    4. Francisco Javier Gonzalez
    5. Timothy S. Kingcade
    6. ···
    6 lawyer answers

    The trustee would not be objection to the exemption amount you are taking, but this does not mean the trustee cannot make a claim on the equity. The trustee will file a Report of Abandonment on the car or a Report of No Distribution meaning the trustee is not attempting to recover any assets. You might have to check the court docket on this matter.

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  8. The Creditor told me that the automatic stay for my car will expire 45 days after the meeting of creditors, is this true?

    Answered about 1 month ago.

    1. Kevin Christopher Gleason
    2. Jeffrey David Solomon
    3. Timothy S. Kingcade
    4. Richard Glenn Elie
    4 lawyer answers

    Reaffirmations can be tricky. There is a special requirement that if you do not reaffirm the car note that the automatic stay is lifted. On the other hand, you do not want to reaffirm a car loan on which you are delinquent. It may be unlikely that the lender will actually repossess the vehicle until after the discharge. This will depend on the lender. If this is a car you cannot afford, you should seriously consider whether reaffirmation is the best option or whether you have the ability...

    5 lawyers agreed with this answer

  9. Vehicle Fair Market Value for non exempt equity.

    Answered 2 months ago.

    1. Merideth Cornelia Nagel
    2. Jeffrey David Solomon
    3. William Joseph Kopp Jr.
    4. Richard Glenn Elie
    4 lawyer answers

    There are different standards on valuation of vehicles. Some use retail, others trade-in, or in between. Trustees in South Florida typically want the funds immediately after the meeting of creditors. To avoid this issue, you might need to consider a chapter 13. Trustees do vary, even within the same district. You are right in trying to find a local attorney to better advise you on this issue.

    5 lawyers agreed with this answer

  10. I'm getting totally contradicting information from Bankruptcy Attorneys. Which is true?

    Answered about 1 year ago.

    1. Jeffrey David Solomon
    2. Roy A. Praver
    3. Scott Benjamin Riddle
    4. Christine B. Adams
    4 lawyer answers

    The trustees sell all their right, title and interest to the property. This is a sale of your property, whether or not the "title" is good in the sense that the purchaser takes the property subject to the mortgage. These sales by trustees have occurred in South Florida. If the trustee proceeds with this sale, you are no longer the owner.

    5 lawyers agreed with this answer