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Omar Mahmoud Badr

Omar Badr’s Answers

98 total


  • Motion to modify stay as co debtor, also amended motion to modify stay as to co-debtor

    Ex-husband filed bankruptcy and my home is covered under it. received letters from lawyers stating motion to modify stay as co debtor, also amended motion to modify stay as to co-debtor. creditor won't let me make mortgage payments.

    Omar’s Answer

    I do not understand your question. However, the mortgage company will almost certainly accept your mortgage payments if you send them in. They may not want to let you pay online, they may not want to send you a monthly statement, and they may not admit that they will still accept your payments, but the checks will get cashed if you send them in, and the payments will be applied to the mortgage.

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  • Home is in chapter 13 house is in both names getting a divorce I want to stop the chapter 13 can my wife stop me

    I want to convert to chapter 7 and give up the house

    Omar’s Answer

    In most jurisdictions, you have an absolute right to convert your Chapter 13 case into a case under
    Chapter 7. Neither your wife, nor your creditors, nor the Chapter 13 Trustee will likely be able to prevent you from converting your case to Chapter 7. That said, you must still meet the income requirements for Chapter 7 in order to receive a discharge.

    Because you are getting divorced, it is entirely appropriate for you to obtain a new bankruptcy lawyer and sever your case from your wife's. The jointly owned house will be an issue that needs to be dealt with in both the bankruptcy and the divorce, and so you must be sure your bankruptcy lawyer knows what your divorce lawyer is doing, and vice-versa (this coordinated planning is yet another reason that you DO NOT want to continue to be represented by the same bankruptcy lawyer who is representing your wife, it is a major conflict of interest.)

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  • A car was impounded for narcotics & owner arrested. Then they filed a Ch 13 bankruptcy. Can they get the car back free of charge

    The vehicle was towed in Aug 2013. All personal property was released to the owner a week later. The owner never returned to pay the impound fee. In Sept the impound lot started the abandoned vehicle mechanic lien auction to notify the owner by c...

    Omar’s Answer

    The debtor must be given the car back. The filing of a bankruptcy invokes the protection of the Automatic Stay, which bars all collection efforts by the debtor's creditors. The creditors must not only cease collection efforts, they must undo certain types of ongoing collection activity (for example, they must release orders of garnishment and may be required to return garnished funds).

    If the creditor willfully disobeys the Automatic Stay, they can be sanctioned or forced to pay the debtor's reasonable attorney fees incurred in obtaining compliance.

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  • What are parents' rights of notification in NY State when their children's school goes into lockdown?

    My children's school was locked down for 40 minutes due to a threat. The school never contacted me, but the principal's secretary claims their tech department shows I was robo-called 1.5 hours after the incident started, it rang twice, was picked ...

    Omar’s Answer

    First, let me clarify that since I do not practice in NY, I have no idea if a specific statute exists creating liability for failure to notify a parent of a lockdown in their child's school. I doubt very much that there is one.

    I am answering this question because I want you to consider what would happen if the school notified every parent and guardian immediately upon initiating an emergency lockdown. Every parent would rush to the school, every news channel would rush to the school, and every gawker with nothing better to do would rush to the school. The police would become so occupied with parents trying to rush in to save their children, reporters trying to get a story, and gawkers asking inane questions, that they would not actually be able to enter and secure the building.

    No parent should ever be put in this situation, but imposing a legal requirement of immediate notice at the outset of a lockdown would make the situation even more dangerous. This is the kind of argument that courts are likely to be receptive to, even though on a visceral level it feels wrong.

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  • Are parents legally responsible for paying off their minor child's debt in Michigan?

    Let's say the minor lied about his age to receive a 'free' offer and didn't realize that it was a credit card contract he was signing up for. Can the parents be liable for the contract?

    Omar’s Answer

    As the other attorneys have stated, a minor cannot enter into a contracts other than for necessities which contracts may be found valid (a credit card is NOT a necessity).

    Hire a lawyer to write the credit card company a polite letter explaining exactly why they are not legally permitted to collect, and reminding them that continued attempts to collect invalid debts may subject them to liability.

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  • Bankruptcy repayment

    My wife and I filed in May, 2012. We met with the trustee and were told we had to pay a certain amount. Our attorney was to set this up as part of his service. I made several email attempts to get this resolved, and never received a response. The ...

    Omar’s Answer

    There is no reason that you cannot hire a different attorney to represent you in resolving this matter. You will, of course, be charged for that representation, but if you filed more than a year ago, you are probably sufficiently invested in your case by this point that it makes sense to pay a little more and get things done right.

    It may be helpful if you clarify specifically why you are being asked to pay. Were you settling with a Chapter 7 Trustee to be allowed to keep an asset? Are you behind on Chapter 13 Plan Payments and now you need to make them up for your Plan to succeed?

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  • Chapter 13

    i file chapter 12 in 2008 can i file 13 again in 2013 and the cost would like find a lawyer that would cost about 1o to 1500

    Omar’s Answer

    Your question indicates that you filed a Chapter 12 in 2008. Chapter 12 applies to family farmers and fishermen. You may wish to revise your question and clarify your meaning.

    As for your inquiry about cost, the fee charged for a Chapter 13 in Michigan, where I practice, is almost always in excess of $3,000. I cannot, of course, speak for attorneys in Florida, but a Chapter 13 involves a great deal of skill, experience, and work. I would be surprised if you are able to find a competent bankruptcy attorney who would handle a Chapter 13 for you at the price you mention.

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  • I own an S-corp and need to file chapter 7 bankruptcy in Maryland. Are my personal assets protected?

    In a 50-50 partnership S-corp

    Omar’s Answer

    If the S-Corp is filing a business Chapter 7, your personal assets will not be part of that bankruptcy case and the Trustee and creditors will not gain access to them. Note that even if the business bankruptcy causes the debts to be discharged, they will remain viable against you personally, if you guaranteed/cosigned on them for the business.

    If you are filing a personal Chapter 7, then your assets (including the assets and value of the business you own) will be subject to liquidation by the Trustee, if you cannot exempt them.

    You have an adequately complex issue here that you would be completely insane to consider filing without an experienced bankruptcy lawyer. Find one and get this done right the first time.

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  • After chapter 7

    Chapter 7 discharged. Home not reaffirmed. Can the bank continue to add charges till the end of the foreclosure?

    Omar’s Answer

    I concur with my colleagues. The mortgage company will be unable to collect money from you, personally, but they may continue to charge and apply fees to the value of the lien against the house. This has no practical effect on you unless the house sells at foreclosure for more than the amount of the mortgage, which will not happen.

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  • TMortage company is paying for insurance & property taxes on a property I included on the BK chapter 7, can they suite me

    for what they paying? the property is in Florida

    Omar’s Answer

    I am going to go with a cautious no, they cannot sue you. Although debts that are incurred post-filing are not discharged by the bankruptcy, and property taxes that accrue while your name is on the deed to the property are your obligation, I have never, not even once, seen the mortgage company come after a bankrupt debtor for post-petition escrowed property taxes. Add to this the fact that mortgage companies seem to be extremely cautious about potential bankruptcy law violations relating to collection of debts, and you are probably in the clear.

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