Matthew Scott Berkus’s Answers

Matthew Scott Berkus

Denver Bankruptcy Attorney.

Contributor Level 20
  1. Currently 1.5 years in 5 year Ch13 with arrears in the Ch13. Now want to get out of condo, what is best way forward?

    Answered 9 months ago.

    1. Michael John Primus
    2. Mark Markus
    3. Matthew Scott Berkus
    4. Brian Crozier Whitaker
    5. Joseph Arthur Roberts
    5 lawyer answers

    Michael laid out the possible scenarios. Just about anything you decide to do will require not insignificant work to modify your chapter 13 plan. So, best advice is to get back with your lawyer and sort through what you want to do. What you do specifically will depend on if there is equity in the condo. If no equity or negative equity (meaning, you owe more than it is worth), then you would modify your plan to surrender the condo and let foreclosure run its course. If there is equity, you...

    10 lawyers agreed with this answer

  2. Major cc debt from gambling.....want to divorce spouse, quit claim mortgage free house to him so he doesn't get involved

    Answered 10 months ago.

    1. Matthew Scott Berkus
    2. Gary D. Bollinger
    3. Brandon Michael Rosenbloom
    4. Michael Glynn Busby Jr.
    4 lawyer answers

    See my article linked below that specifically addressed gambling debts and bankruptcy. As for the house. If you are going to quitclaim the house, that needs to be done as part of the separation agreement and divorce decree. Otherwise, the bankruptcy trustee could recover and sell the house (assuming it has equity). You will most definitely need an attorney to help you with your bankruptcy to avoid the potential pitfalls your situation creates.

    10 lawyers agreed with this answer

  3. What qualifies as bankruptcy malpractice? I think I may need a lawyer to help me on my Chapter 7 case.

    Answered over 1 year ago.

    1. Matthew Scott Berkus
    2. Jonathan David Leventhal
    3. L. Maxwell Taylor
    4. Diane L Gruber
    4 lawyer answers

    Right or wrong, successful malpractice claims against bankruptcy attorneys are rare. What happens to a debtor inside and outside of bankruptcy is nearly entirely dictated by the debtor's circumstances. So, what an attorney does or does not do rarely changes the outcome. The problem many client's have is that the attorney fails to fully explain something, which may be an ethical violation and can be raised with the state bar association, but rarely, does that situation rise to malpractice....

    10 lawyers agreed with this answer

  4. If an insurance company goes bankrupt does that mean I no longer have to pay restitution to them?

    Answered 2 months ago.

    1. Matthew Scott Berkus
    2. Christopher Daniel Leroi
    3. Robert John Murillo
    3 lawyer answers

    No. Your debt to that company is an asset. Odds are either a bankruptcy trustee or eventual buyer will emerge that will begin demanding your payments.

    8 lawyers agreed with this answer

  5. Are there lawyers that handle both bankruptcy and foreclosure issues?

    Answered 10 months ago.

    1. Matthew Scott Berkus
    2. Stephen Clark Harkess
    3. Daniel Nelson Deasy
    4. Timothy Scott Owens
    4 lawyer answers

    "And I assume that if my ex-husband files for bankruptcy, any creditor on any joint debt would come after me for the entire amount." That is correct. Your ex would have discharged HIS obligation on the 2nd mortgage, but not yours. So, assuming you both signed for the 2nd mortgage, you are liable.

    8 lawyers agreed with this answer

  6. Bifurcation of ch.13-when can I seek divorce

    Answered about 1 year ago.

    1. Matthew Scott Berkus
    2. Stephen Clark Harkess
    3. David Littman
    3 lawyer answers

    See my linked article below about what bankruptcy does, and does not stop, in a divorce proceeding. The divorce can still go forward notwithstanding the bankruptcy. All you need to do is get court permission. The only aspect of a divorce that gets held up is the division of assets and sometimes the division of debt. You certainly don't need to wait until your chapter 13 is discharged. It is helpful to wait until a chapter 7 is discharged, and that is what I usually advise, but it is not...

    8 lawyers agreed with this answer

  7. Can I sell an asset I purchased on a credit card that was discharged in a Chapter 7 bankruptcy?

    Answered 7 months ago.

    1. Matthew Scott Berkus
    2. Erich Matthew Fabricius
    3. Scott Benjamin Riddle
    4. Jonathan Stone
    5. Brent J Jensen
    5 lawyer answers

    The law really makes this situation complicated. Those Yamaha cards are, essentially, secured. Then throw on top of that UCC-9 and the bankruptcy, and it is a real mess. Legally, you probably don't have the right to sell and the bike should be turned over (whether you were making payments up to the point of filing your BK is irrelevant). So, you need to simply understand that above fact so you can understand the risks. In the real world, is it going to matter? First question, how long has...

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  8. Who wins,on a real estate foreclosure with personal guaranty, when I am in Ch13 and in court of appeals in divorce and IRS lien

    Answered 9 months ago.

    1. Matthew Scott Berkus
    2. Brian Crozier Whitaker
    3. Derek R. Caldwell
    4. Dorothy G Bunce
    5. J. Thomas Smith Ph.D.
    5 lawyer answers

    If the real estate was properly titled in the name of the LLC, and the LLC filed bankruptcy, that is the end of the story as far as those properties are concerned. The properties can be foreclosed and liquidated at this point. Who is on the mortgage note (the loan) at this point is irrelevant as is the divorce decree. The LLC is a separate legal entity. If the LLC filed BK before the divorce and before your chapter 13, there is nothing to do with LLC because it, essentially, no longer exists...

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  9. Is bankruptcy public record ?

    Answered 11 months ago.

    1. Matthew Scott Berkus
    2. Michael Charles Doland
    3. Lee Alan Thompson
    4. James Liu
    4 lawyer answers

    Yes, and yes. Bankruptcy is public record and your bankruptcy petition and everything in it (except your social security number, account numbers, names of minor dependants) can be viewed. HOWEVER, the information is not "readily" accessible. If you were to Google yourself, your bankruptcy petition is not going to come up. Aside from large institutions and the NSA, someone would need to know you filed bankruptcy to even know to look for it.

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  10. 1st mortgage was not reaffirmed but 2nd was. Unable to refinance now. Been told it could possible be a malpractice case?

    Answered about 2 months ago.

    1. Lynnmarie A. Johnson
    2. Douglas Eugene Kuthy
    3. Scott Benjamin Riddle
    4. Matthew Scott Berkus
    5. Richard D. Granvold
    6. ···
    9 lawyer answers

    A reaffirmation is a separate agreement and court order. I really question whether you "actually" reaffirmed the 2nd. Don't confuse the statement of intent. The statement of intent is just that, an statement of intent. But to have reaffirmed you would have signed a separate agreement with the mortgage company, that agreement would have been filed with the court and a court order approving it would have been issued. You may want to double check. Even if you did, or did not, as Scott...

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