Scott Edward France’s Answers

Scott Edward France

Toledo Bankruptcy Attorney.

Contributor Level 8
  1. I was discharged from Bankruptcy Chapter 7, 1 and a half years ago. I did not sign a reaffirmation agreement for my truck loan.

    Answered over 1 year ago.

    1. Dorothy G Bunce
    2. Ryan Alexander
    3. Scott Edward France
    4. Michael Avanesian
    4 lawyer answers

    Generally speaking, if a Chapter 7 debtor does not sign a reaffirmation agreement, then said debtor is not responsible for that debt. I would advise you to contact the attorney who filed your case and confirm that you did not file a reaffirmation agreement. Better safe than sorry.

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. If I file bankruptcy can the trustee not allow me to reaffirm both my car loans?

    Answered about 1 year ago.

    1. Scott Edward France
    2. David John Hastings
    3. Dheeraj Kumar Singhal
    4. Dorothy G Bunce
    4 lawyer answers

    Excellent question as many debtors worry about the reaffirmation process. Some attorneys are in favor of reaffirmations and others are against as they are primarily for the benefit of a creditor. You should speak directly with your bankruptcy attorney to weigh the pros and cons of a reaffirmation agreement. Generally speaking, I have seen Bankruptcy Judges deny Reaffirmation Agreements in cases in which it seems non-feasible for the debtor to make the payments. In these instances, it...

    6 lawyers agreed with this answer

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  3. I filed bankruptcy in April. I received an inheritance in July. Do I have to turn the entire check over to my bankruptcy?

    Answered 12 months ago.

    1. Scott Benjamin Riddle
    2. Scott Edward France
    3. Kevin Bernard Zazzera
    4. Robert Michael Smith
    5. Greg R. Arnove
    5 lawyer answers

    I agree with the other attorneys that you need to immediately contact your bankruptcy attorney and offer full disclosure and cooperation. You may be entitled to negotiate a portion for yourself, so be sure to work closely with your attorney. Potential consequences of not complying with all rules may include revocation of your forthcoming discharge and possibly some sort of bar as to when you may be allowed to return to bankruptcy. Always best practice to be transparent and honest.

    6 lawyers agreed with this answer

  4. Filed chapter 7 too soon

    Answered about 1 year ago.

    1. Gary D. Bollinger
    2. Scott Edward France
    3. Scott Benjamin Riddle
    4. David Jay Sternberg
    4 lawyer answers

    Very unfortunate situation for everyone involved. It sounds like you had knowledge of your prior filing. In my practice, I will check your filing history just before filing and well beforehand I would have discussed this topic in general at the free consult. Speak with your attorney about a possible middle ground resolution. Also, ask about filing options for later.

    6 lawyers agreed with this answer

  5. Chapter 7 Bankruptcy --- currently unemployed ---- safe to get a high paying job after the 341 meeting.

    Answered 12 months ago.

    1. Thomas R. Morris
    2. Ray Choudhry
    3. Scott Edward France
    4. Peter Walter Weston
    5. Dorothy G Bunce
    6. ···
    6 lawyer answers

    First, congrats on the new job! Your new income will more than likely be OK, especially if you did not know about the job offer before you filed your bankruptcy. Just to be safe, you should speak with your bankruptcy attorney and explain your concerns. Good luck.

    7 lawyers agreed with this answer

  6. I want to rescind my affirmation agreement, will it reopen my case?

    Answered about 1 month ago.

    1. Derek R. Caldwell
    2. Scott Edward France
    3. Douglas Eugene Kuthy
    4. John F. Brennan
    5. Gerard William O'Brien
    5 lawyer answers

    My colleagues have raised some interesting points. I would advise that you ask your attorney to look closely at the rescission language in the statute to see if you still fall within rescission time deadlines. There will be two "timelines" which your attorney will examine and one will apply. Also, another attorneys distinction between discharge and closure is also a nice distinction. Some business can still be done during the interim. I would advise calling your attorney ASAP as time is of...

    6 lawyers agreed with this answer

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  7. Can I sue my bankruptcy lawyer ?

    Answered 9 months ago.

    1. Scott Edward France
    2. Dwayne M Farnsworth
    3. Kathryn Mary Holton
    3 lawyer answers

    This sounds like a very messy situation with many questions yet to be answered by everyone involved. Although I can understand your frustrations, I would advise going in person to your attorneys office and have a face to face meeting. You can have an opportunity to address your concerns and your attorney will have a chance to explain why certain decisions were made on his or her part. As for reaffirmations, they are a mixed bag. Some attorneys like them, others do not like them. There are...

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  8. My car is 11yrs old and will be paid off in August. Should I reaffirm or purchase a 'younger' vehicle after chpt 7 discharge?

    Answered 10 months ago.

    1. Blake Owen Brewer
    2. Robert J Adams Jr.
    3. Gary D. Bollinger
    4. Scott Edward France
    4 lawyer answers

    Interesting topic choice. I would suggest that you also look at this issue from a different perspective. For example, what will my "vehicle situation" look like in the near to mid future? Do I currently have a dependable and safe vehicle? What is my interest rate going to be if I buy a different car? Depending on interest rates, what will my next car be? The point is be sure to have a broader view towards the future. A typical loan with good credit may offer an interest rate between 0%...

    4 lawyers agreed with this answer

  9. 401K chapter 7 and 13

    Answered about 1 year ago.

    1. Scott Edward France
    2. Dorothy G Bunce
    3. William Paul Slough
    3 lawyer answers

    401K deductions are a tricky subject and you should definitely speak with your attorney about your specific situation. Generally speaking, mandatory retirement plan deductions are allowed on Schedule J, thus reducing the amount of money you have left over (on paper) at the end of a month. Examples of some mandatory retirement plans in Ohio are PERS and STRS. It is possible that some judges/trustees may view a voluntary retirement plan contribution as a non allowable expense when calculating...

    3 lawyers agreed with this answer

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  10. My Ex filed Ch 7 bankruptcy in Ohio and included an amount that was owed to me per our dissolution agreement.

    Answered over 1 year ago.

    1. Scott Edward France
    2. John Martin Hilla
    3. Scott Russell Needleman
    3 lawyer answers

    Great question! I see this type of situation arise frequently. Each person's case is unique, but generally speaking divorce/dissolution decrees trump bankruptcy. For example, if an ex spouse agrees within a DR Decree to be responsible for a marital debt, then that debt will not be discharged should that same spouse file chapter 7 bankruptcy subsequently on that debt. In many cases, your DR attorney may choose to proceed with the Contempt motion. As each case is different, I would recommend...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

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