Matthew Scott Berkus’s Answers

Matthew Scott Berkus

Denver Bankruptcy Attorney.

Contributor Level 20
  1. Are there lawyers that handle both bankruptcy and foreclosure issues?

    Answered about 1 year 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

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

    Answered over 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

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

    Answered 9 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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  4. 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 11 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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  5. Is bankruptcy public record ?

    Answered about 1 year 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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  6. 1st mortgage was not reaffirmed but 2nd was. Unable to refinance now. Been told it could possible be a malpractice case?

    Answered 5 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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  7. My husband wants to file bankruptcy, I don't.

    Answered 3 months ago.

    1. Matthew Scott Berkus
    2. Stephen Clark Harkess
    3. Deborah F Bowinski
    4. Paul M. Gaide
    5. Sandra A Kuhn Esq.
    5 lawyer answers

    Yes, he can file bankruptcy. There is no such thing as "filing bankruptcy against, or on something." An individual files bankruptcy and their assets and interest in assets, as well as their debts, become part of the bankruptcy. What is your underlying concern?

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  8. Is it hard to file bankruptcy by yourself?

    Answered about 1 hour ago.

    1. Matthew Scott Berkus
    2. Shelley Ann Elder
    3. Dorothy G Bunce
    3 lawyer answers

    You need to step back and look at the situation objectively...if you have ask these questions, that means you weren't able to confidently figure it out on your own. You should take that as a sign that you shouldn't do the bankruptcy yourself. It's like going to a mechanic and saying, I want to replace my transmission on my own, but I don't know where the transmission is located, can you show me? Bankruptcy attorneys understand you are having financial challenges. Relative to all other...

    7 lawyers agreed with this answer

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  9. Chapter 7 - "Payments to Creditors" - do garnishments count?

    Answered 12 months ago.

    1. Brian R Landy
    2. Matthew Scott Berkus
    3. Derek R. Caldwell
    4. William Edward Zurinskas
    5. Dorothy G Bunce
    5 lawyer answers

    You list what has been garnished in response to question 4(b) of the statement of financial affairs. Note, in question 4(b) the look back is one year. (In question 3(a) the look back is only 90 days).

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  10. Paid in 24-month debt relief & 2 of 5 debts settled. Now company "gone", I have no proof of paid settlements. need paid letters

    Answered about 1 year ago.

    1. Deborah F Bowinski
    2. Matthew Scott Berkus
    3. Rebecca Mccormick Pepin
    3 lawyer answers

    Unfortunately, sounds like you got scammed. In the short run, contact the Colorado Attorney General and report it. These scam debt relief agencies are a dime-a-dozen. It is unlikely that a settlement was ever actually paid; so legally, you still owe the debt. You could sue Next Gen., for all the good it will do. Probably time to seek out real debt relief options and talk to reputable attorneys. Too many people rule out available options due to bad information or fear. Debt settlement is...

    7 lawyers agreed with this answer

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