Matthew Scott Berkus’s Answers

Matthew Scott Berkus

Denver Bankruptcy Attorney.

Contributor Level 20
  1. How do I get my mortgage company to report my payments to the credit agencies after filing Chapter 7?

    Answered 7 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.

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

    Answered over 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

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  3. Our Chapter 7 Bankruptcy was discharged in September 2005 and it appears that Countrywide lost the Reaffirmation

    Answered about 1 month ago.

    1. Matthew Scott Berkus
    2. Neil Evan Schwartz
    3. Christine Sarah Hansley
    4. Karla Burgos
    4 lawyer answers

    Hopefully the reaffirmation was never filed. Thank you lucky stars if it wasn't. As stated, you may be able to look up your bankruptcy case on PACER. www.pacer.gov. Once in there, you will want to look at the Docket Report and see if you can find the order approving the reaffirmation agreement. You mortgage bank is lying to you. If they are saying you cannot refi because you didn't reaffirm, that is a bold face lie. Go to mortgage broker (not your bank) and let an experienced broker...

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  4. 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 about 1 year 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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  5. For taxes, I owe around $9,000 because I am self employed. If I pay the IRS is the 9k avoidable in Chapter 7 bankruptcy?

    Answered 10 days ago.

    1. Matthew Scott Berkus
    2. David John Rausa
    3. Richard L. Blumenthal
    4. Timothy George McFarlin
    5. Peter Maurice Lively
    6. ···
    7 lawyer answers

    Technically the payment is a preference, but if the tax debt would be a priority claim in your case or is a secured claim (because of a tax lien), the trustee wont care because he would end up giving the money back to the IRS. Exemptions dont matter because you cannot exempt preference (even with wild cards).

    10 lawyers agreed with this answer

  6. We filed chapter 7 in Oct 2008. Can we file another chapter 7 now?

    Answered about 2 months ago.

    1. Blake Owen Brewer
    2. Matthew Scott Berkus
    3. Sandra A Kuhn Esq.
    4. Carl H Starrett II
    5. Starla Jean Hudachek
    6. ···
    9 lawyer answers

    You cannot file a chapter 7 now, as already stated, the cooling off period is 8 years calculated from fling date to filing date. However, you could file a chapter 13 bankruptcy. Get your legal advice from a lawyer, not a non-lawyer. Go visit a bankruptcy attorney and explore what debt relief options are available and feasible for your situation.

    10 lawyers agreed with this answer

  7. Does Lexington Law firm actually work for credit repairs?

    Answered 3 months ago.

    1. Matthew Scott Berkus
    2. Dorothy G Bunce
    3. Adam Swartz
    4. Daniel Tam
    5. James Charles Shields
    5 lawyer answers

    They dont do anymore than what you can do on your own.

    10 lawyers agreed with this answer

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

    Answered 5 months 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

  9. I had a Bankruptcy discharge in January. I had a car loan that I continued to pay on but did not sign a reaffirmation with them.

    Answered 5 months ago.

    1. Matthew Scott Berkus
    2. Sandra A Kuhn Esq.
    3. Kendall David Coffman
    4. Shelley Ann Elder
    5. Edward C. Gauthier IV
    5 lawyer answers

    Bankruptcy issues aside, your insurance company is almost certainly going to issue a "joint" check. Which means the check will be made out to you and the car lender. (that is a requirement of an insurance policy when there is a known lien holder). Yes, the car lender is still entitled to the money because of the lien. Even wrecked cars are still titled, so the lender, to release title, is entitled to payment. A bankruptcy only discharges your personal obligation to pay, it does not void...

    10 lawyers agreed with this answer

  10. If I file a Proof of Claim in a BK case, am I in Privity with the bankruptcy trustee that is appointed?

    Answered 8 months ago.

    1. Robert Lewis Firth
    2. Matthew Scott Berkus
    3. Richard D. Granvold
    4. Gerard William O'Brien
    5. David Luther Woodward
    5 lawyer answers

    No on all questions. Keep in mind, in chapter 11's, there normally is NOT a trustee. The Office of the U.S. Trustee supervises the case, but there is not an "appointed" trustee (although the debtor could request one). The debtor acts as their own trustee (i.e. debtor in possession). Once, and if, the case is converted to a chapter 7, then a panel trustee will be appointed to liquidate the business. All you do is file a proof of claim, the claim gets prioritized and it may get paid and may...

    10 lawyers agreed with this answer