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Peter Francis Geraci
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Peter Geraci’s Answers

62 total


  • Can I sue my bankruptcy attorney?

    My bankruptcy was paid off in December 2014 and at that time I was told by one of the attorneys with the firm that they will start the discharge process. That did not happen until I called them again to ask what happened in March 2015. Then they s...

    Peter’s Answer

    The question is under Chapter 13. If you completed your Chapter 13 in December 2014, the Chapter 13 trustee would audit your payments and submit your case for discharge in about April. It appears that you completed the 2nd eduction course, and they filed it in April. A "domestic support affidavit" may also be required. You may be entitled to a refund of any deductions not required to pay off your case. Your trustee reports are available online: log on to your trustee's website. And go visit your lawyer in person. This is unfortunate, and should not be happening, but you can resolve it by bugging your lawyer and your trustee. You can also see your case online by registering at www.pacer.gov

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  • How can I get judgment off when a Consent Order has been issued against chase and I cannot settle account anymore?

    I spoke to Chase Recovery Department and was told me that I cannot settle my account due to a Consent Order that went into affect by the Government recently. I asked if they could send me a copy and they said no but I could look it up online. The...

    Peter’s Answer

    Chase recently wrote off millions of old debt, and you can find the details on the internet. Here is a link to a July 9 2015 article in the Palm Beach Post. http://www.palmbeachpost.com/news/business/florida-to-receive-large-share-of-136-million-chas/nmtgS/ If your debt is covered, you will receive written notice, and Chase may be obligated to vacate your judgment or send you a release. If not, your only recourse would be to show some proof that Chase has forgiven the debt to the Florida Court.

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  • Chapter 7 bankruptcy- rescheduling hearing

    If you have to reschedule your chapter 7 bankruptcy hearing, will you be reassigned to the same trustee or a different trustee for the new date?

    Peter’s Answer

    If you do not appear at the 1st date the Chapter 7 meeting of creditors, that trustee will remain and will schedule one other date at their convenience. You can't avoid a trustee by failing to appear and asking for a new date.

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  • My son has defaulted on his private student loan.I cosigned and cant pay minimum pyt requested.How can I avoid legal action?

    I want to send collection agency $100 monthly to keep it out of court. Total debt is $71,000. Collection agency is proposing monthly amounts that neither my son nor I can afford. Help

    Peter’s Answer

    You are a co-signer, and you are liable if your son defaults. You don't say why he has defaulted. If he is permanently unable to work, he may be eligible for administrative discharge if it is a government-insured loan. His discharge would also relieve you of liability. Visit the Dept of Education website for more info. He can also enter into "income-based repayment" with the lender, which would put the loan into paying status. It may be a private student loan, and there may be government action to declare those loans void. If you are totally disabled, you might apply for administrative discharge. If all you can afford is $100 a month, a judge might accept that if they file a lawsuit, and force them to accept it. So, you have some options, perhaps even some type of bankruptcy filing to delay or discharge your liability. Not enough information here to supply any full answer, such as WHY neither you nor your son can afford to pay it. Plenty of info on the internet.

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  • Chapter 7 Bankruptcy Assets

    Can you sell an asset of yours worth under $1000 right before you file for bankruptcy to be able to pay an attorney? If all the money will go toward attorney, do you need to list this item anywhere on the petition?

    Peter’s Answer

    Yes, as long as you are not selling something that is financed, like a ring, and depriving the creditor of their security interest. And the attorney you are paying this $1000 to you should be the one to answer this question, right? But the answer is: full disclosure is the rule. I would not go ahead and do this without asking the attorney you selected.

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  • Bankruptcy fraud

    My husband and I filled chapter 13 bk. He needed a new car so my sister took out a car loan in her name for it. All payments and insurance are coming out of her account with no record of him paying on it. We are now separated and she took the car...

    Peter’s Answer

    It is not "bankruptcy fraud". He did get into additional debt without court permission, so he has no regard for the Chapter 13 rules or the Court., but it is not "fraud". He has an oral agreement with your sister. She has a record of "the payments he made, and so does she". He can go to small claims court if he feels he has any rights, especially if he put a large down payment down. All this was done after you and he filed Chapter 13. Now you are separated. Now you have a conflict with your estranged husband. You might want to convert your part of the 13 to 7. No clue why you filed 13 in the first place, and you should be asking your Chapter 13 attorney these questions. The real question is whether or not you will continue in the current Chapter 13 with your estranged husband.

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  • A bankruptcy was filed in 2010 and a discharge was done in Dec of 2010 In 2011 a suit was filed against a trust for mishandelin

    mishandeling the trust and a settement is due in Dec of 2011. Does the bankruptcy trustee have to get any of this----i d believe that they had left open this at the court. This was a trust which I was supposed to get by the death of my grandmoth...

    Peter’s Answer

    If the bankruptcy trustee "left this open" then you listed it, and the attorney handling your suit for mishandling the trust, and your bankruptcy attorney know aout it. Call them immediately. Yes, the banrkuptcy trustee has to be involved, get advice immediately and do not attempt to defeat any claims of the trustee. How much you will get, if anything, depends on the claims filed by your creditors in your bankruptcy, so you may or may not see any of the proceeds. You should not be on the internet: you had an attorney for bankruptcy and have an attorney for the settlement, and were notified by the bankruptcy trustee of report of an asset she or he will administer. Get on the phone with your lawyers.

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  • Does cook county have a form letter for filling a written appearance

    I need to file a written appearance for being sued for credit card, what do I have to send and to whom do I send it to?

    Peter’s Answer

    Yes, you may file an appearance, but you also need to file an answer admitting or denying the claim against you. Forms are available for the appearance, but the answer form is blank and you have to list the numbered allegations in the complaint, and admit, deny or otherwise deal with them. There is a bar association help desk downtown, and at the District 6 courthouse in Markham. If you owe the debt, and just can't pay it, file your appearance, answer, and appear at your court date and ask the judge to help you get an installment payment plan. Otherwise if a judgment is entered and you have no court-ordered payment plan, they can proceed to collect. If you are destitute, tell the attorney for the creditor that you have no money, no property, so they don't waste time trying to collect from you. The cost of filing an appearance is over $100, so bring $150 with you to the courthouse to file it. Or call the attorney if you intend to default and are penniless, so they at least know their judgment will be uncollectable. If you are working and have other debt and cannot pay it, consider Chapter 7 or 13 bankruptcy.

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  • I Discovered Fraudulent Documents in a Lender Proof of Claim 6 Years AFTER Discharge

    In looking through the old bankruptcy paperwork, I discovered fraudulent documents in the proof of claim for my mortgage. I had an attorney but there is no way he would have known the document was fraudulent. I know because I happened to come acro...

    Peter’s Answer

    Hindsight is always perfect, but the question is: what exactly is the "fraud" in the document with your signature? Chapter 13 is a repayment plan. You listed what you thought you owed, and the mortgage company filed a claim with an amount that either was the same, or not. The supporting documents fraud might have been, and might still be, some kind of defense or give you some claim to sue them, but if you were delinquent in the mortgage, and their proof of claim was for the correct amount, you accomplished your purpose in getting it currnt in the chapter 13. If, however, the proof of claim was fraudulent, and caused you harm, you may have remedies and damages you may want to pursue.

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