Michael J Corbin’s Answers

Michael J Corbin

Faribault Family Law Attorney.

Contributor Level 20
  1. I paid my Lawyer 1300 dollars when i filed for ch. 13 bankruptcy. She now wants 425 dollars to convert to a ch7 is this fair?

    Answered about 2 years ago.

    1. Alan D. Walton
    2. Kathryn Ursula Tokarska
    3. Michael J Corbin
    4. William P. Turner
    5. Derek R. Caldwell
    6. ···
    6 lawyer answers

    Completely fair. First, there is a filing fee to convert that has to be paid. Second, there is additional work to be done to convert the case. Frankly, my office charges more for a Chap. 13 than what you were charged, and we charge to convert cases as well.

    25 lawyers agreed with this answer

  2. Can a creditor deny me future services because I have filed for a Chapter 7 Bankruptcy?

    Answered over 2 years ago.

    1. Dorothy G Bunce
    2. L. Maxwell Taylor
    3. Michael J Corbin
    4. Eric Charles Lewis
    4 lawyer answers

    The automatic stay has nothing at all to do with extending you future credit or wishing to do business with you. If you discharge on a debt to a creditor, they certainly can refuse to do business with you in the future - credit unions are notorious for this as are non-emergency medical providers. Utilities are also doing this - what they'll say is, "Okay...you discharged the power bill you owed us. Now, you are coming to us for service at a new residence. We'll give you service, but you'll...

    15 lawyers agreed with this answer

  3. I know when someone dies the creditors can take money from their life insurance. Does that go for the mortgage company too?

    Answered 7 months ago.

    1. Dorothy G Bunce
    2. Brett D Weiss
    3. Michael J Corbin
    4. Christian K. Lassen II
    5. Elias Leonard Dsouza
    6. ···
    6 lawyer answers

    You are 100% incorrect. If the deceased had a life insurance policy with a named beneficiary, the money goes directly to that beneficiary - the deceased creditors cannot take a dime of it since the money didn't belong to the deceased.

    12 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. When a vendor we owe money to shuts it doors who are we obligated to pay?

    Answered over 2 years ago.

    1. Michael J Corbin
    2. Steven R. Neuner
    3. Walter C Oney Jr
    3 lawyer answers

    You are 100% correct in not making any agreement. Frankly, if there is a bank "trustee" involved, that means that someone is taking over the operations. The former CEO could have merely been trying to get cash for himself in making an offer to you - how did he have the authority to do that if someone else has taken over? Wait until you're contacted by whomever is placed in charge and then make them an offer. Everything should be in writing.

    Selected as best answer

  5. I got a Chapter 7 bankruptcy discharge last year. Can I file a Chapter 13 now?

    Answered 11 months ago.

    1. Nikhilkumar Manharlal Patel
    2. Ray Choudhry
    3. Michael J Corbin
    4. Jeffrey David Solomon
    5. Kevin Christopher Gleason
    6. ···
    9 lawyer answers

    Yes, but you won't eliminate any debt obligations at the end of your repayment plan. Not sure how much "restructuring" you'll get since your plan will have to probably pay them off in their entirety.

    11 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Filing for Chapter 7, must I include bank statements with my filing?

    Answered about 1 year ago.

    1. Stuart Gregory Steingraber
    2. Michael J Corbin
    3. Susan Schmeidler Blum
    4. Sarkis Jacob Babachanian
    5. Brad Francis Weil
    6. ···
    6 lawyer answers

    The bank statements are not filed with the paperwork to the court - they are given to the trustee. I would strongly suggest you hire an attorney - there are a lot of issues that you'll need help with to resolve and perform properly.

    11 lawyers agreed with this answer

  7. I received a medical malpractice structured settlement and am on social security disability. Can these be garnished

    Answered over 2 years ago.

    1. Michael J Corbin
    2. Scot J Eliot
    3. Dorothy G Bunce
    3 lawyer answers

    No, they can't. First, if you never agreed, either verbally or (more importantly) in writing, to have them perform services, then you have no contract with them. Frankly, it sounds like they are nothing more than a fly-by-night company that shows up in the wake of a storm to do shady work at wildly inflated prices. Now, they COULD claim that they performed work and deserved to be paid, but certainly not at the prices you list. I doubt they'll sue you, and you certainly could win that...

    Selected as best answer

  8. Can I file bankruptcy in Wisconsin on payday loans?

    Answered over 1 year ago.

    1. Michael J Corbin
    2. Peter Walter Weston
    3. Michael Charles Doland
    3 lawyer answers

    You certainly can file bankruptcy and include payday loans in your petition. I would question, however, whether they are "payday" loans in the traditional sense or whether you pledged some kind of collateral since you don't have an "income" per se - SSI benefits aren't something that a payday lender would usually accept since they cannot be garnished like a regular paycheck. Whether you keep the house or car depends on liens, value, etc. Consult with a local bankruptcy attorney.

    10 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Bankruptcy and 1099-C. Can banks still issue 1099-C after filing for Bankruptcy?

    Answered over 1 year ago.

    1. Michael J Corbin
    2. Dorothy G Bunce
    3. David Leibowitz
    4. Gregory Howard Wiley
    5. Christopher Michael Larson
    5 lawyer answers

    That's a very good question - debts discharged in bankruptcy are not income, and if you did receive a 1099 from the lender, form 982 would be filed to remove it from income. If you perform a short sale, however, they "could" issue you a 1099 for the unpaid difference, but it doesn't happen a lot in my experience.

    10 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. My husband was just sued by a creditor, but we can't afford to file for bankruptcy for a couple months.What happens to the suit?

    Answered over 1 year ago.

    1. Christopher G. Bokas
    2. Deborah F Bowinski
    3. Michael J Corbin
    4. Dorothy G Bunce
    5. Glen Edward Ashman
    5 lawyer answers

    There is little point in contacting the creditor - they won't care if you are "working with an attorney." The fact is that, until it is actually filed, there is no bankruptcy. All the prep work is meaningless as far as the lawsuit. But, here is the good news - if all they have done is sue your husband, there is still some time (not a lot, but some). It takes time for the lawsuit to go through the court, obtain a judgment, and then try to collect. Usually a few months. Assuming you file...

    10 lawyers agreed with this answer