Matthew Scott Berkus’s Answers

Matthew Scott Berkus

Denver Bankruptcy Attorney.

Contributor Level 20
  1. 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 about 2 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

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

    Answered 4 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

  3. IRS Fresh Start Program: Question about Lien Withdrawal

    Answered 10 months ago.

    1. Matthew Scott Berkus
    2. Myron Wayne Tucker
    3. Barbara Lee Franklin
    4. Terrence Jay Moore
    5. Richard Gordon Stack
    5 lawyer answers

    No harm in applying http://www.irs.gov/Businesses/Small-Businesses-%26-Self-Employed/Fresh-Start-Notice-of-Federal-Tax-Liens

    10 lawyers agreed with this answer

  4. Should I file for Ch 7 or 13 BK?

    Answered 10 months ago.

    1. Matthew Scott Berkus
    2. Jonathan Stone
    3. Michael Patrick Hanrahan
    4. Brad Francis Weil
    5. Dorothy G Bunce
    6. ···
    6 lawyer answers

    No way to answer that question here. We would need to ask you many more questions to clarify the situation. That is why attorneys do consultations. You need to seek out a local attorney and consult, and eventually hire an attorney to represent you if you want any viable shot at saving your restaurant. As stated by others, all things being equal, if the goal is to protect certain assets, then chapter 13 is the first choice. The only issue is whether you have sufficient income to fund a...

    10 lawyers agreed with this answer

  5. How hard is it to remove the home from a chapter13 and let it go? Or terminate and file a new case?

    Answered 10 months ago.

    1. Matthew Scott Berkus
    2. Lynnmarie A. Johnson
    3. Robert J Adams Jr.
    4. Dorothy G Bunce
    4 lawyer answers

    Keep the big picture goal in mind. Your goal is the obtain a bankruptcy discharge. So, you probably don't need to (and probably shouldn't) dismiss and refile. As others have stated, you simply amend your bankruptcy schedules and modify the plan to surrender the house. It is relatively easy to do if your circumstances haven't changed too much. If your circumstances have changed (income has increased or decreased, new debts, etc), then it becomes a bigger hassle. But modifying the chapter 13 plan...

    10 lawyers agreed with this answer

  6. 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 11 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

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

    Answered about 1 year 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

  8. 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

  9. I filed bankruptcy years ago with help of a paralegal, now having problems?

    Answered 3 days ago.

    1. Matthew Scott Berkus
    2. Robin Kert Hunt
    3. Deborah F Bowinski
    4. Stephen Clark Harkess
    5. Wayne B Mortensen
    6. ···
    7 lawyer answers

    Of course you are. That is what happens when you rely on unlicensed and untrained people to handle your legal matter. Red flag number one, bankruptcy requires you disclose ALL creditors. In any event, you didn't really ask a question or state what sort of problem your actually having, so there isn't anything to say. If you can add some information to your question or re-ask it was some more detail and we may be able to point you in the right direction.

    8 lawyers agreed with this answer

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

    Answered 4 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