Christopher Leroy Wesner’s Answers

Christopher Leroy Wesner

Troy Chapter 7 Bankruptcy Attorney.

Contributor Level 7
  1. I have a judgment being put against me , All I have is social security as my income should I file bankruptcy ?

    Answered about 2 years ago.

    1. Christopher Leroy Wesner
    2. Dorothy G Bunce
    3. Earl David Maxwell
    4. Lewis Matthew Roberts
    5. Amanda Leigh Edwards
    5 lawyer answers

    The creditor will likely not be able to acquire any of you SS income, unless the creditor is a governmental agency. In that case, they may be able to get at your income. Regardless, it comes down to your appetite for the harassment. If you can tolerate the continual calls, etc., you likely can just ride it out. If the harassment becomes unbearable, bankruptcy is a viable option. But, you need to meet with an experienced bankruptcy attorney in your jurisdiction to have them evaluate your...

    9 lawyers agreed with this answer

  2. I live in Ohio and am considering a chapter 7 bankruptcy. I have a 02 Harley which is paid for will I be required to forfeit it?

    Answered about 2 years ago.

    1. Christopher Leroy Wesner
    2. David Jay Sternberg
    3. Thomas M. Hensel Jr.
    4. Theodore Lyons Araujo
    5. Andrew Michael Korduba
    5 lawyer answers

    The short answer is yes. However, it depends on the amount of exemption that you have available to you in a chapter 7. Your automobile exemption is $3450, and you have a wildcard exemption available of $1150. That would appear to leave some of your Harley unexempt, and therefore available for the trustee's distribution to creditors. You may "buy back" that unexempt portion, and there are several ways to accomplish this, but you need to seek experienced and qualified counsel in your...

    5 lawyers agreed with this answer

  3. Have auto crash for $10,000 can i file for chapter 7 by myself i don't have no income the crash is all i owe whats the steps

    Answered about 2 years ago.

    1. Christopher Leroy Wesner
    2. Robert Perez Soto
    3. George Costas Andriotis
    4. Scott Benjamin Riddle
    5. Diane L Gruber
    5 lawyer answers

    No, it isn't easy. The bankruptcy process is one of the most complex areas of the law, and you should hire an attorney that is experienced in the area. Most attorneys take some pro bono cases throughout the year to assist very low income earners. I'm sure every attorney posting in this forum has seen his or her share of people who have filed on their own pro se, and will tell you that it has not been pretty. Consult an experienced attorney to handle the matter. You can check with your...

    4 lawyers agreed with this answer

  4. What is the likelihood a Trustee will give me back my tax refund?

    Answered about 2 years ago.

    1. Brian Crozier Whitaker
    2. Scott Benjamin Riddle
    3. Derek R. Caldwell
    4. Christopher Leroy Wesner
    4 lawyer answers

    I'd have to agree with the other posters here. It sounds like you have / had one foot on the banana peel, but this blog is not the BEST place to get the answer. You are paying an attorney, give him a call.

    5 lawyers agreed with this answer

  5. How many years can a trustee request tax returns after I revoked my bankruptcy ?

    Answered about 2 years ago.

    1. David Jay Sternberg
    2. Christopher Leroy Wesner
    3. Scott Benjamin Riddle
    4. Diane L Gruber
    4 lawyer answers

    You owe a duty to the bankruptcy court in the trustee to comply with their requests. I am not sure what you mean by the revoking of a bankruptcy so that portion of your question is unclear. You do not state which chapter of bankruptcy filed under, so I assume you filed a chapter 13. Your future income, including the tax return is part of the estate and subject to administration by the trustee. I would suggest that you contact your bankruptcy attorney that you hired to handle this case immediately.

    3 lawyers agreed with this answer

  6. Bankruptcy to avoid a judgment ( California )

    Answered about 2 years ago.

    1. Kathryn Ursula Tokarska
    2. Patrick Begley
    3. Christopher Leroy Wesner
    3 lawyer answers

    You should seek the counsel of an experienced bankruptcy attorney. Assest that have accrued value at the time of the bankruptcy filing will become part of the bankruptcy estate. Determining which chapter of bankruptcy is the correct one will require extensive interaction between you and your bankruptcy attorney. Without a complete financial picture of your circumstances are right now, and what they may look like in the future, you cannot get a great (maybe not even an accurate) answer. I...

    4 lawyers agreed with this answer

  7. What's the difference between Ch. 7 & Ch. 13 bankruptcies? Can I sell or list a NYC co-op apartment while declaring bankruptcy?

    Answered about 2 years ago.

    1. Jeffrey B. Peltz
    2. Diane L Gruber
    3. Christopher Leroy Wesner
    4. Michael Ferrin
    5. Alex Salmu
    5 lawyer answers

    A Chapter 7 eliminates all of your unsecured non-priority debt, while a chapter 13 reorganizes all or most of your debt. Your apartment will likely be no issue to the trustee if it is sold prior to the filing, however, the proceeds from that sale will be. I am an attorney in OH so I would advise you to contact an experienced bankruptcy attorney in your jurisdiction.

    3 lawyers agreed with this answer

  8. I filed a chapter 7 bankruptcy in 2007. Can I file again this soon?

    Answered about 2 years ago.

    1. Christopher Leroy Wesner
    2. Matthew Scott Berkus
    3. Diane L Gruber
    3 lawyer answers

    IF you have received a discharge from the previous bankruptcy, you are not eligible to receive another chapter 7 discharge for 8 years from the date of filing. IF you have received a discharge from the previous chapter 7 filing you are not eligible to receive a discharge from a Chapter 13 filing for 6 years from the date of filing. You should consult an experienced bankruptcy attorney to discuss possible options in your case. You may be able to find a resolution to your situation without...

    3 lawyers agreed with this answer

  9. If you are already fighting a case?

    Answered about 2 years ago.

    1. Edward Francis Borkowski Jr
    2. Christopher Lee Beck
    3. Christopher Leroy Wesner
    3 lawyer answers

    I agree with the other two prior postings here. It's up to the judge. You should seek counsel. It is almost always a better result if you hire an attorney to represent you. Your bond or bonds is likely to be lower and you are paying to have an experienced legal mind represent your position most favorably to the Court. An attorney experienced in the court you are in front of is most qualified to accomplish that. Seek an attorney.

    1 lawyer agreed with this answer

  10. If my landlord filed eviction for Jan . and now i owe for Feb . also , can i pay Jan . balance to avoid set out ?

    Answered about 2 years ago.

    1. Peter Stephen Kirner
    2. Christopher Leroy Wesner
    3. Kerrie Kathleen Matre
    4. David B Pittman
    4 lawyer answers

    the short answer is no. You cannot avoid the financial eviction through a legal process if you have failed to pay rent. I would suggest you contact your landlord directly to avoid the eviction. You may have other legal recourse but do not state so in your question.

    1 lawyer agreed with this answer

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