Mohammed Omar Badwan’s Answers

Mohammed Omar Badwan

Oak Brook Chapter 13 Bankruptcy Attorney.

Contributor Level 12
  1. After filing bankruptcy (Chap 7) should I get a car after its discharged or a credit card to start re-establishing credit?

    Answered almost 4 years ago.

    1. Mohammed Omar Badwan
    2. David W Kestner
    3. Maureen O'Malley
    3 lawyer answers

    I would suggest financing a car of low value (5k or less) before filing the bankruptcy and reaffirming it in the BK. That way you can obtain the credit before the BK shows up on your credit report and have an open credit account to rebuild your credit. You should consider this ONLY if you can afford to make the car payment. I would recommend hiring a competent BK attorney and have him/her review your financials before taking action. Good luck!

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  2. Can I walk away from home after Ch.7 bankruptcy.

    Answered over 3 years ago.

    1. Mohammed Omar Badwan
    2. Henry Repay
    3. Dorothy G Bunce
    3 lawyer answers

    Dorothy is right, since you entered into the mortgage contract before filing and did not reaffirm you are not personally liable for any potential deficiency. Furthermore, your credit should not be affected since you are not personally liable for the debt and the bank can not report any default on a debt that was discharged. Good luck!!

    2 people marked this answer as helpful

  3. Does the Chapter 7 filing bar my state lawsuit?

    Answered almost 4 years ago.

    1. Mohammed Omar Badwan
    2. Jasmani Francis
    3. Andrew Daniel Myers
    4. Dorothy G Bunce
    4 lawyer answers

    I have to respectfully disagree. The Chapter 7 filing only protects the husband and not the wife. Since the car is already repossessed then you will not have to lift the automatic stay. If the husband filed a Chapter 13 then you would have to wait until he defaults on the 13 plan and it gets dismissed before pursuing the wife.

    1 lawyer agreed with this answer

  4. What can I do about a frozen bank account from a debt collector?

    Answered over 3 years ago.

    1. Mohammed Omar Badwan
    2. Will Murphy
    3. Theodore Lyons Araujo
    4. Dorothy G Bunce
    4 lawyer answers

    Each state has different exemptions regarding what personal property creditor's can garnish/seize. Ultimately, you can apply these exemptions to personal property and creditor's can not touch them. For example, in Illinois there is a $4000 wild card exemption. Illinois residents can apply this exemption to any personal property they own or have legal title to. Therefore, an Illinois resident can apply that exemption towards a bank account and a creditor can not seize the first $4000 in the...

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  5. Okay this is my question, I filed for chapter 7, I was planning on keeping my car but I never signed a reaffermation agreement

    Answered almost 4 years ago.

    1. Christopher Jon Jackson
    2. Mohammed Omar Badwan
    3. Dorothy G Bunce
    3 lawyer answers

    By not reaffirming on the car loan, you are no longer liable on the note. Therefore, you wont be liable for a deficiency if they decide to repossess the vehicle and sell it. Keep in mind that the creditor is a secured creditor and can repossess at any time. From my experience, most creditors (Ford being the exception) do not repossess if you stay current on your payments (they don't want the car they want your money). Whether they repossess also depends on how much you still owe and how much...

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  6. In a Chapter 13 is it better to do a lien strip or a deed in lieu of foreclosure?

    Answered almost 4 years ago.

    1. Mohammed Omar Badwan
    2. Dorothy G Bunce
    2 lawyer answers

    You can only strip 2nd mortgages that have absolutely no equity. Therefore, if you only have one mortgage, you can not strip the mortgage with a Chapter 13. A deed in lieu will only satisfy the first mortgage and the second mortgage (assuming you have one) can still sue on the note. If you are underwater on the first mortgage, a deed in lieu will be difficult to obtain. Good luck!

  7. I filed chpt 13 bankruptcy in Illinois but changed my mind and it was dismissed. Why is it still on my credit report?

    Answered almost 4 years ago.

    1. Mohammed Omar Badwan
    2. Carl T. Johnson
    3. Dorothy G Bunce
    4. Mitchell Paul Goldstein
    4 lawyer answers

    The fact that you filed bankruptcy allows credit agencies to report such a filing. Whether the debt was discharged or not is irrelevant for reporting purposes. I would assume that a dishcarge of debt affects your credit more than a dismissal. It won't hurt to call the credit agencies to see if they would be willing to pull it off of your report. My instinct tells me that they won't, but it can't hurt to give it a shot. Good luck!

  8. Adding Medical Bill after Bankruptcy has been Discharged?

    Answered almost 4 years ago.

    1. Alan James Brinkmeier
    2. Mohammed Omar Badwan
    3. Dean David Paolucci
    4. Paul Stephen Johnson
    4 lawyer answers

    Any debt incurred before the filing date is discharged. You incurred the debt after the filing date. Therefore, you are liable for it.

  9. Most likley sentence first time felony retail theft IL

    Answered almost 4 years ago.

    1. Alan James Brinkmeier
    2. John P. Yetter
    3. Mohammed Omar Badwan
    4. Michael J. Helfand
    4 lawyer answers

    As a first time offender, I highly doubt you will get jail time. Your offense is probationable. I highly recommend hiring a competent defense attorney to handle your case. A case can not be reasonably evaluated until discovery (the prosecution handing over all evidence against you) is complete. It is imperative that you do not commit any new crimes while your case is pending.

  10. What happens after the 341 meeting in a chapter 7 bankruptcy

    Answered over 3 years ago.

    1. Michael Hal Schwartz
    2. Adam Brooks Arnold
    3. Andrew Daniel Myers
    4. Mohammed Omar Badwan
    5 lawyer answers

    The debt is not discharged until an "order of discharge" is entered, which is typically 60 days from the 341. If the trustee decides to open your estate for distribution, then the order of discharge will take a lot longer.

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    1 person marked this answer as helpful