Matthew Scott Berkus’s Answers

Matthew Scott Berkus

Denver Bankruptcy Attorney.

Contributor Level 20
  1. Can I file Chapter 13 when I just filed a Chapter 7 a few years ago?

    Answered over 1 year ago.

    1. Matthew Scott Berkus
    2. J. Scott Dilbeck
    3. Brent Steven Snyder
    4. Christine B. Adams
    5. Dorothy G Bunce
    6. ···
    7 lawyer answers

    Yes, you can file the chapter 13 bankruptcy. That is increasingly becoming a common strategy that student loan lawyers, like myself, employ to deal with intransigent private student loans. However, there is a downside. When you complete the 5 year plan, any remaining balance is still owed and you may still be considered in default. Just understand that that chapter 13 buys you time, but doesn't necessarily solve the problem. On the flip side, if the lender won't play ball, you don't really have...

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. I have been issued a summons to appear in court for a credit card I have been unable to make payments on. What should/can I do?

    Answered over 1 year ago.

    1. Matthew Scott Berkus
    2. Robin Kert Hunt
    3. Shawn B Alexander
    4. Philip Anthony Fabiano
    4 lawyer answers

    Being sued for a debt is generally a symptom of a larger debt issue. In my experience, it would be highly unlikely that this is your "only" debt. If you have let it go this far, you should FIRST consult with a bankruptcy attorney so you can solve ALL your debt issues in one swipe. If for some reason bankruptcy won't work (highly unlikely, but still), then you may want to file an Answer to the summons and complaint to buy some time and see if you can work something out with the plaintiff's attorney.

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  3. Do attorney trust accounts accrue interest?

    Answered 6 months ago.

    1. Matthew Scott Berkus
    2. William J Popovich
    3. Paul Rutledge Durr III
    4. Christopher M Pyne
    5. J Todd Murphy
    6. ···
    7 lawyer answers

    Yes, but in most states, the interest does NOT belong to the client (nor, for that matter does it belong to the attorney). The interest is usually donated to a charity fund to help low income individuals access legal services. However, what happens to interest on client funds held in trust is matter of agreement (and attorney regulation). In certain circumstances, if a large sum of money will be held by the attorney, they can set up a separate trust account that earns interest and that...

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  4. What's a fair price for a chapter 7 and a chapter 13 including filing fees?

    Answered about 1 year ago.

    1. Matthew Scott Berkus
    2. Shaye Larkin
    3. Adrienne Marie Hines
    4. Steven Patrick Taylor
    5. Richard D. Granvold
    6. ···
    9 lawyer answers

    You are making the fatal assumption that a lawyer that charges less is offering the same thing as a lawyer that changes more. Legal services, even bankruptcy, is not a commodity. If you really want affordable (meaning, you want cheap), don't expect much service and you will almost never actually speak to an attorney. Your case will be handled by a paralegal that is only supervised (barely) by an attorney. Instead of focusing on price alone, you really need to think about what you want out...

    11 lawyers agreed with this answer

  5. Can I avoid a second mortgage in a chapter 7 bankruptcy if my house is worth less than what I owe on my first mortgage?

    Answered over 1 year ago.

    1. Matthew Scott Berkus
    2. Bruce Richard Epstein
    3. Gailyn Wink
    4. Paul Elliot Ross
    5. Scott Russell Needleman
    6. ···
    6 lawyer answers

    If an attorney told you needed to file chapter 13 to strip a second mortgage, than you need to do a chapter 13. Very few districts have embraced chapter 7 lien stripping. So, a bankruptcy attorney in OH is the best source of information on the subject.

    11 lawyers agreed with this answer

  6. We're unsure what to do. Our adult son filed bankruptcy, after was discharged bought fairly new car & he can't afford it.

    Answered over 1 year ago.

    1. Christine B. Adams
    2. Gilbert Rodriguez Dizon
    3. Matthew Scott Berkus
    4. Dorothy G Bunce
    4 lawyer answers

    His BK cannot be revoked, but if the lender repossesses the vehicle, they can pursue him for the deficiency. As for creditor harassment, send a letter demanding they cease all contact with you.

    11 lawyers agreed with this answer

  7. If I file bankruptcy will the dmv remove my fees for the DIU I had and will my medical bills be removed also?

    Answered almost 2 years ago.

    1. Kevin B. Zazzera
    2. Matthew Scott Berkus
    3. Gary D. Bollinger
    4. Marco Caviglia
    5. Jonathan Nelson Ward
    5 lawyer answers

    The fees from the DUI would not be discharged in bankruptcy. The medical bills may be a different story. If the medical bills are bills for your treatment not directly related to the DUI, then the bills should be discharged in bankruptcy.

    11 lawyers agreed with this answer

  8. My lien holder filed bankruptcy on my house, what do i do?

    Answered almost 2 years ago.

    1. Matthew Scott Berkus
    2. James P. Frederick
    3. Donald F. Hawbaker
    3 lawyer answers

    I hate to say it, but the question doesn't make sense. Let's try to clarify. (1) Mom passed away, presumably she owned the house and you are stating that the house passed to you upon her death? (2) A lien holder is the person/entity holding the security interest in the house. Most commonly this would be the mortgage lender/servicer. Here is where the question goes off the cliff...if the lien holder (the bank) filed bankruptcy, that doesn't necessarily equate to you losing the house....

    11 lawyers agreed with this answer

  9. Vehicle after Chpt. 7 has been filed

    Answered over 1 year ago.

    1. Matthew Scott Berkus
    2. Dorothy G Bunce
    3. James Portman Webster
    3 lawyer answers

    You would know if you reaffirmed the debt (the process is obvious). Nothing can happen while the BK is still open. If you don't want the car you have the two options you already laid out. (1) do nothing, stop making the payments and let nature run its course, or (2) contact the bank and try to arrange a voluntary repo. If the car is sitting at a repair shop or tow yard, you should get it out of there so as not to incur storage fees. Those fees would not be discharged in your bankruptcy...

    9 lawyers agreed with this answer

  10. If i streamline a loan aft bankruptcy closed does it affect my ability to walk away from loan if I encounter financial hardship?

    Answered over 1 year ago.

    1. Matthew Scott Berkus
    2. Deborah F Bowinski
    3. Derek R. Caldwell
    4. Dorothy G Bunce
    4 lawyer answers

    Streamline is a term of art in the mortgage industry...assuming you are using the word correctly, you are talking about an FHA Streamline Refinance. If that is what you are talking about, the answer is easy. A refinance creates a NEW loan. A refi pays off the old loan. A refi, in reality, is you selling your house to yourself. It is an all new transaction. So, if you do a streamline refinance, you will lose the benefit of your bankruptcy discharge because you paid off the loan that was...

    9 lawyers agreed with this answer