Matthew Scott Berkus’s Answers

Matthew Scott Berkus

Denver Bankruptcy Attorney.

Contributor Level 20
  1. Should I file for Ch 7 or 13 BK?

    Answered about 1 year 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

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

    Answered about 1 year 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

  3. 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 about 1 year 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

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

    Answered over 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

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

    Answered almost 2 years 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

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

    Answered 3 months 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

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

    Answered 7 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

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

    Answered over 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

  9. 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

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

    Answered 12 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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