Ira Phil Goldberg's Answers

I live In NY and have a case against a woman in Chicago. She owes me $690. What would be the best approach?

Unless, and I doubt it, you can find someone to handle this on a contingency basis than it is probably not worth pursuit(other than by your own efforts). Even if you could obtain counsel on a contingent basis the out of pocket costs(which would be paid from your pocket for filing a lawsuit) may be prohibitive(why throw good money after bad). Other costs, if a suit were filed, such as even one deposition would cause you to incur costs above the remaining amounts at issue. It may however be...

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If filing a Ch 7 must I report that I have a time share?

Yes. Complete disclosure is required. Failure to list an asset can result in the denial of a discharge and also could lead to criminal prosecution. That being said I preform a lot of Chapter Trustee representation(a Trustee is appointed in each Chapter 7 case to, among other things, investigate your financial affairs and to liquidate non-exempt assets, if they have equity, for the benefit of your creditors) and I would note that many time shares are not worth liquidating, since the secondary...

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Can I file an answer and affirmative defense after I filed my appearance?

Agreed you can file an answer and affirmative defenses with leave of court. Please do not delay filing a motion for leave to file an answer and affirmative defenses. It might be a good idea to actually prepare the answer and affirmative defenses and attach it as an exhibit to your motion.

Who do I pay rent to if LL filed Chapter 7 and Trustee filed No Asset Statement and does LL have ability to extend our lease?

Assuming the Chapter 7 Trustee has notice of the lease rights and nontheless filed a no-asset report the asset would revest in the Debtor once the case was closed. If the case has not closed yet you may want to proceed carefully or escrow the rent. You should verify the bankruptcy case has in fact been closed. The Bank (or any receiver who may be appointed)probably does not have a right to collect rents until and if a receiver has been appointed. If the bank has provided any sort of notice or...

Who is liable for my debt accumulated by both my father and mother with most creditors in both names.......my dad is the decease

Sorry for your loss. If your mom is contractually bound, she would be liable. This analysis requires a review of the relevant underlying documents. For instance they both could have sign the application for a credit card. Also there could be some applicable State law that would make a spouse liable for certain necessary and essential debts. For example a statute could impose liability for to a spouse for emergency room care(or other medical services) provided to the other spouse. State...

After filing bankruptcy, how long do I have to ammend my filing?

It is best to amend promptly. If you are represented by counsel consult with them promptly and document your request that he or she amend. If you are pro se I suggest that if your bankruptcy court has a help desk or can refer you to legal aid that you talk to someone who has experience in bankruptcy cases. If the problem is a failure to properly list assets this can have ramifications on your discharge so if this is the problem it should be corrected asap with the assistance of counsel or by...

After receiving unemployment company appealed 1yr later they want me to payback 25k what do i do

Contact a labor/employment attorney in your jurisdiction. They will be able to determine if you can pursue relief or if you need the services of someone outside their area of expertise(i.e. bankruptcy, debt resrtucturing or the like). This response is not intended to create an attorney-client relationship, nor is it intended to be legal advice. This response is merely for educational/informational purposes and is and is not meant to be a legal opinion or legal advice. This response is not...

Is it safe for my parents to buy an equity stake in a retirement community that is emerging from bankruptcy?

You will presumably, at a minimum, require the services of a bankruptcy attorney(ideally whose office also engages in elder care issues) in the jurisdiction at issue, who hopefully is familiar with the case, so that the wheel does not need to be recreated. It would be ideal if you could find an attorney that dealt with this very same issue in this case already(perhaps a review of the probably voluminous docket in the case might help you or a call to the creditors committee's attorneys or the...

I have received a letter from a bankruptcy trustee alleging that I have property belonging to a bankruptcy estate.

You will probably require the services of a local bankruptcy attorney. It may be useful to obtain the services of an attorney who is familiar(and perhaps is on good terms) with the Trustee in question. If all you did was purchase 6 vehicles, at a bankruptcy court authorized and approved auction(presumably on notice to creditors and if so there should be an entered order(or the like) on the docket in this case evidencing such authority), held by the Trustee(or his agent), and you have no other...

I wrote a check and put paid in full and no more monies due; the check was cashed. Is this in fact settled in full?

Maybe, the issue revolves around whether you were specific enough to create a binding contract. Also there could be an issue over whether such checks just are sent to a lockbox or are not really reviewed. If this is the case the receipient may be able to claim they did not agree. If there was a specific conversation in which some agent of theirs agreed to accept an amount of cash in return for a release you would want to not only send them both sides of the check, but refer to the specifics of...

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