Robert Nathan Honig's Answers

Robert Nathan Honig
Elmhurst Chapter 7 Bankruptcy Attorney.
Contributor Level 10

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Attorney answers:

  1. Robert Nathan Honig
  2. Thomas C Valkenet
  3. Malcolm Wallace Ruthven
  4. Dorothy G Bunce

What is the likelyhood that my chapter 13 will actually be dismissed?

Asked by a user in Lansing, IL - about 1 year ago.

I suggest that you keep trying to contact your attorney. If phone calls aren't being returned, you may wish to try email or letters. You should ask your attorney these same questions, and you should also ask your attorney if you should go to court on the date of the Trustee's motion. If you still have no response from your attorney, I suggest that you go to court and tell the judge that you are having trouble getting your attorney, and the judge will help you. Either way, once you are...

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Attorney answers:

  1. Robert Nathan Honig
  2. Alan James Brinkmeier
  3. Theodore Lyons Araujo

Question on Debt Collection

Asked by a user in Champaign, IL - 9 months ago.

I would be willing to bet that it is a scare tactic, but whether it is or it isn't, you really shouldn't be scared. The best way to find out is call them and ask for the case number of the lawsuit. If they don't have one, then tell them that you think they just may be lying to you. If they do sue you, then you still shouldn't panic. All that they are saying in the lawsuit is that they think you owe them money. Since you never borrowed money from Robert James, you can make them try to prove...

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Attorney answers:

  1. Robert Nathan Honig

Attorney Fees

Asked by a user in Chicago, IL - 10 months ago.

It would come from the condo declaration and/or bylaws.

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Attorney answers:

  1. Robert Nathan Honig
  2. Steven Alan Fink
  3. Dorothy G Bunce

Is an objection to confirmation moot once I amended my plan to cure the objection or does the objection remain until withdrawn?

Asked by a user in Kensington, San Diego, CA - 9 months ago.

I would expect them to withdraw the complaint, but you should contact them to be sure and step up in court on the date of confirmation (if that is the process in your jurisdiction).

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Attorney answers:

  1. Alan James Brinkmeier
  2. Robert Nathan Honig

I am being foreclosed on, it is a rental property. the house is way underwater.

Asked by a user in Chicago, IL - 9 months ago.

You certainly could receive a 1099 in this scenario. If you file for a bankruptcy, however, it would not be taxable.

2

Attorney answers:

  1. Alan James Brinkmeier
  2. Robert Nathan Honig

Revised Question: I confused, with 20% of "Unit owners" vs 20% "percentage of ownership"?

Asked by a user in Chicago, IL - 9 months ago.

First of all, if all of the owners have the same percentage then it shouldn't matter. Otherwise, you should look to the bylaws to see if the terms are defined. If they aren't, then you could try calling the meeting with whatever percentage you think satisfies the test, but the best bet would be to have enough owners to pass either test. Otherwise, you could find yourself in court fighting over whether you had enough owners to call the meeting, which would be a mess.

2

Attorney answers:

  1. Alan James Brinkmeier
  2. Robert Nathan Honig

I confused, with 20% of "Unit owners" vs 20% "percentage of ownership"?

Asked by a user in Chicago, IL - 9 months ago.

I would look to the definitions section of your condominium bylaws (or whatever document is calling for the 20%) to see if it is defined.

3

Attorney answers:

  1. Robert Nathan Honig
  2. Alan James Brinkmeier
  3. Michael J Corbin

Can a HOA sue you for possession and evict you for condo fees that were discharged in CH 7 bankruptcy (pre-petition amounts) ?

Asked by a user in Chicago, IL - 9 months ago.

Yes. They can take possession and evict. The bankruptcy does not affect the in rem rights of the condo association. You accepted the im rem rights when you took the property subject to the condominium declaration. Sorry.

3

Attorney answers:

  1. Robert Nathan Honig
  2. Theodore Lyons Araujo
  3. Stephen M Trezza

I've gotten judgement against a business, whats next? How do I get them to pay? Order for Disclosure? Discovery of Assets?

Asked by a user in Plainfield, IL - 9 months ago.

You didn't need to have anything at the time the judgment was entered. You could try simply contacting the company and seeing if they are willing to pay, now that there is a judgment entered against them (but it may be worth waiting until 30 days has passed first before alerting them). If they are unwilling to pay voluntarily, then it is a tough thing to handle on your own, and it's even harder to try to tell you how to do it in this forum. If there is a help desk at the courthouse, you...

4

Attorney answers:

  1. Robert Nathan Honig
  2. Theodore Lyons Araujo
  3. Michael J Corbin
  4. Mitchell Paul Goldstein

Husband left me to live over seas?

Asked by a user in Chicago, IL - 9 months ago.

Illinois does have a family expense statute, so you could theoretically be held liable if the vehicle were determined to be an expense of the family. With that said, I would not expect the lender to pursue this angle. More likely, if your husband was the only one to sign the promissory note, then the lender will just take the vehicle and leave you alone.

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