Matthew Scott Berkus’s Answers

Matthew Scott Berkus

Denver Bankruptcy Attorney.

Contributor Level 20
  1. We're unsure what to do. Our adult son filed bankruptcy, after was discharged bought fairly new car & he can't afford it.

    Answered 12 months 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

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

    Answered about 1 year 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

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

    Answered about 1 year 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

  4. Vehicle after Chpt. 7 has been filed

    Answered 12 months 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

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

    Answered about 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

  6. Should I buy a car before filing chapter 13 bankruptcy?

    Answered 17 days ago.

    1. Matthew Scott Berkus
    2. Lisa Torelli McCue
    3. Sandra A Kuhn Esq.
    4. Brett D Weiss
    5. Jan Ingham Berlage
    6. ···
    6 lawyer answers

    Nothing wrong with doing some planning for a chapter 13 bankruptcy. A common pre-filing maneuver is for the debtor to obtain updated or additional, needed transportation. In general, the monthly payment should be less than (much less than $400 per month). The key question is affordability and the eventual feasibility of your chapter 13 plan. Also, the other problem is the equity exemption allowed in your state. Before going out and buying a car, hire your attorney first and allow him or her to...

    10 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. How do I get my mortgage company to report my payments to the credit agencies after filing Chapter 7?

    Answered 3 months ago.

    1. Matthew Scott Berkus
    2. Deborah F Bowinski
    3. Nathan D McKinney
    4. Dorothy G Bunce
    5. Blake Owen Brewer
    6. ···
    7 lawyer answers

    Your question is almost a daily occurrence on this website. Short answer, you can't get them to report payment history. Here is my article that answers it. http://www.mattberkus.com/blog/reaffirm-a-mortgage-refinance/ You will establish new credit. See my AVVO guide below about rebuilding credit after bankruptcy.

    Selected as best answer

  8. Will cashing out a retirement plan affect converting a chapter 13 bankruptcy to a chapter 7? Can they garnish it?

    Answered about 1 year ago.

    1. Stephen Clark Harkess
    2. Matthew Scott Berkus
    3. Deborah F Bowinski
    4. Gary D. Bollinger
    5. Eric S Reed
    5 lawyer answers

    Get with an attorney before you do anything. Retirement accounts are 100% protected in Colorado. However, once you cash it out, the money becomes fair game for the bankruptcy trustee.

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Is it a violation of 11 U.S.C. sect. 524 to pursue a new cause of action against a discharged debtor for fraud in the petition?

    Answered 10 months ago.

    1. Matthew Scott Berkus
    2. Herbert Weinberg
    3. Michael Avanesian
    4. Dorothy G Bunce
    4 lawyer answers

    Frankly, doesn't sound like much of case, so whether it would be a violation of 524 is not the issue. I don't think you will get very far with a suit for this alleged "deceit." You ultimately have the responsibility to protect your rights. The debtor and debtor's attorney are not responsible to you for protecting your claim. So, that case is extremely thin (read, there is nothing to it based on what you described). As for the home. The fact that the home is in wife's name, but mortgage is...

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  10. Can we sue our attorney for malpractice for mishandling our bankruptcy case?

    Answered 17 days ago.

    1. Matthew Scott Berkus
    2. Dorothy G Bunce
    3. Derek R. Caldwell
    3 lawyer answers

    Not sure why you still owe money. If the two creditors filed a proof of claim on the case to be paid, they were obviously aware of the BK. Your attorney would not need to file any amendments. My sense is either the creditors in question are doing something they shouldn't, the debts in question were non-dischargeable, or you are misunderstanding what should and should not be happening as a result of your bankruptcy. Malpractice is extremely rare in Bankruptcy.

    10 lawyers agreed with this answer