Brian David Zinn's Answers

Chapter 7 Bakrupcy. I have 1200 dollars credit on my card and want to use to help pay for a lawer

In addition to the previous attorney responses, I would also say that an attorney who accepts your credit card as payment for his or her fee could be committing certain legal and ethical violations. So, I do not think you would find an attorney who is willing to do that. I am a bankruptcy attorney who allows clients to pay over time while we get ready to file the bankruptcy, and while I deal with your creditors, hopefully to get them to stop bothering you while you are getting ready to file....

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Is social security income and disability pension exempt from bankruptcy

As you can see from the other attorneys' answers, what constitutes "disposable income" is a complex issue. Until recently, it was undecided in your geographic area whether social security income could be counted as part of the "good faith test," which basically compares your projected income to your projected expenses on Schedules I and J of the petition. A recent District Court decision out of Fort Myers held that it should not count. So, social security income is not included on either the...

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I have been asked for a copy of my last two bank statements and pay stubs. I would like to know why.

In all likelihood, the lender is assessing how collectible the debt is against you. If it thinks it's collectible, it may not agree to the short sale. Even if it does agree to the short sale, there may be substantial tax consequences for doing it if it ends up forgiving the rest of the debt you owe. You may need to consult with an attorney or an accountant before you do this. My firm has an office in Naples if you would like to meet.

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Can I appeal a deficeny judgement in which the bank sold the home for $89,900 before the court date

On a related note, you may want to consider filing bankruptcy, rather than fighting the amount of the deficiency, if you cannot pay the deficiency anyway. In most cases, a bankruptcy will discharge the amount you owe. I have an office in your area if you would like a free consultation.

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Can an IRS tax lien be released in a chapter 13 bankrutpcy?

Generally, if a tax is considered non-dischargeable, then you will have to pay it in full over the term of your Chapter 13 Plan. However, if it is considered dischargeable, then it is usually classified as a debt similar to a credit card, and will be discharged, if you meet all of the requirements for a discharge. You should be speaking to your attorney about this. If you do not have one, my office is in Fort Myers, in your area. You can contact me for a free consultation.

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I found out we are renting a home with a reverse mortgage is our lease good or can we get out of it

As far as I am aware, a "reverse mortgage" is an arrangement between a homeowner and a mortgage company in which the homeowner does not make payments in the traditional sense. The mortgage company takes its payments out of the equity in the home. This has nothing to do with a lease you signed with the homeowner, as far as I can tell from your brief description. A reverse mortgage is not a "fraud," unless you mean to say something else.

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If appraiser is sent to my house as a result of 341 meeting, what are my rights and do I have to answer questions.

Generally, you do not have to answer any questions, but you should point out to the appraiser if some of the items are not owned by you. The Trustee usually uses what the appraiser has as a value, rather than what you put on your paperwork. The Trustee only receives a small percentage of what is distributed to your creditors. Your attorney should really be the one answering these questions.

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What remedies do you have against a lawyer when he makes a deed in your name for a property you have never owned or seen

These are very serious allegations, if true. You can certainly bring a lawsuit against the attorney for damages for fraud, identity theft, etc., even if the malpractice insurance does not cover it. In addition to a lawsuit, you can report the attorney to State Bar Association for it to determine if the attorney's license should be revoked. If you are thinking of bringing a lawsuit, you should consult an attorney.

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How to protect my assets?

A creditor is entitled to collect on many things that you own, once it has a judgment. The creditor could possibly levy on bank accounts, take your car, garnish your wages, bring you in for questioning regarding your assets, etc. There are many laws governing whether a creditor is entitled to do this. Bankruptcy will usually eliminate your debt (with certain exceptions). If you would like a free consultation, I have an office near you in Fort Myers. Thank you.

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Which assets can be taken and which cannot in a bankruptcy case? Why are there distinctions?

I have an office in Fort Myers and practice bankruptcy law if you would like a free consultation. As you can see from the other attorneys' responses, what you keep depends upon not only the State you live in, but also whether you are keeping your home, and what type of bankruptcy you are filing. I would be happy to review these options with you. Thank you.

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