-
Sign in with:
- Sign in
- Register
- Are you a Lawyer?
Andrew Joseph Miofsky's Answers
- 40 Legal Answers
- 0 Legal Guides
3
Attorney answers:
I am in a chapter13.Paying back behind payments of my mortgage. I am struggling making my chapter 13 payments plus my mortgage.
I agree with Mr. Wrobel's advice that you should collect up to date budget information and schedule an appointment with your present lawyer, but understand another possibility exits. You could be already paying at the minimum level that is required based on the amount and type of claims in your case. Your lawyer can tell you if there is room to lower your payment; whether you are trying to keep and pay for more property than you can afford; or whether you could benefit by starting another...
4 lawyers agreed with this answer
4
Attorney answers:
What chapter 7 bankruptcy form do I list a property sale in previous 2 years?
I like to use Question 10 on the Statement of Financial Affairs to disclose all transfers that occurred over the past 4 years. I know that question only asks for the last 2 years, but that form is designed for use by bankruptcy courts across the country. Some transfers that occurred up to 4 years ago can be relevant under Illinois law. There is an overlap of federal law and state law in some situations and the form does not make that aspect of the law clear. The Court and the Trustee will...
3 lawyers agreed with this answer
2
Attorney answers:
My first loan foreclosed but the second mortgage company sent my loan to collections. I owe amount 58,000.00.
Your obligation lies in the Note. The Mortgage is a method of placing a lien upon real estate to serve as collateral against the Note. Once the superior first mortgage completes foreclosure, the second mortgage is dissolved against the property. The Note remains unpaid and collectible, now as an unsecured debt instead of a debt secured by the property. Settlement of the unpaid balance is subject to negotiation between the parties. There is no mandatory settlement amount. You should...
5 people marked this answer as helpful
5
Attorney answers:
Can usbank freeze my checking account for filing a chapter 13 with having a loan with them and how fast can they freeze it?
Since you are in my area I want to make sure you see my explanation. If you file a chapter 13 bankruptcy and you owe money to a creditor who is also a depository bank for your funds, that bank can place a temporary administrative freeze on your accounts. This is a two part process. First comes the freeze, it is usually done automatically by the bank without any prior notice to you; then the bank has to ask the bankruptcy court for permission to set-off the money you have on deposit and apply...
1 lawyer agreed with this answer
4
Attorney answers:
I filed a chapter 13 5 yrs ago but got discharged in 2011. Can I file another chapter 13 in 2012?
The simple answer is Yes. Call my office in Granite City if you would like a free consultation.
1 lawyer agreed with this answer
2
Attorney answers:
Filed chapter 7 under old bankruptcy law. Refile waiting period?
I agree with Mr. Davis, the debtor is not eligible for a second chapter 7 discharge unless the case is filed at least 8 years after the petition filing date of the last chapter 7 discharge case. The debtor could qualify for a chapter 13 discharge in a case filed at least 4 years after the filing date of the previous chapter 7 discharge case. It is important to remember to count from the date of filing each Petition to determine discharge timelines.
2 people marked this answer as helpful
4
Attorney answers:
I was served a summons to go to court for a credit card i defaulted on what should i expect during court?
Your summons should list a deadline date to appear and respond to the lawsuit. That is an important date. If you fail to appear by that date you could be defaulted. Upon default, the Court could enter a judgment in favor of the plaintiff and against you. You might have defenses to the collection lawsuit. The plaintiff suing you might not have legal standing or authority to bring this action. Collection of the debt may be barred by the applicable statute of limitations. The plaintiff...
2 people marked this answer as helpful
3
Attorney answers:
Is a judment debt still valid if the judgment holder was not listed in a chpt 7 discharged, and never knew about the filing?
If the judgment creditor recorded a Memorandum of Judgment - a document filed in your state court collection case and then recorded with the County Recorder - the judgment exists as a lien against your assets. In order to avoid a judgment lien, you need to file a separate lawsuit in your bankruptcy case. If you did not list this creditor on your bankruptcy, you probably did not file the necessary paperwork to avoid a judgment lien. This issue should be discussed and reviewed with your...
1 person marked this answer as helpful
1
Attorney answers:
Boyfriend is in Chap 7 and I'm in Chap 13, can we get married now?
You listed your hometown as Greenup. That puts you in the Southern District of Illinois. If your Chapter 13 Trustee is Bob Kearney he may ask you to provide him with a copy of your annual income tax return. The law permits the trustee to review annual income and expenses, though it does not specify what the trustee can do with that information. This is a gray area where the law is unsettled. You should heed the advice of your attorneys and evaluate your desire to marry against the risk...
1 person marked this answer as helpful
1
Attorney answers:
CAR REPO
This question is several months old and you may have already resolved this issue. So I will provide a general answer for the benefit of anyone else that finds themselves in this situation. It seems this question centers on the repossession and storage fees, so I will limit my answer to those two issues. Being late on a car loan payment, is a simple as being one day late. Unless your loan agreement has a grace period listed in the contract, your payment date is the date the payment is due....
1 person marked this answer as helpful