Matthew Scott Berkus’s Answers

Matthew Scott Berkus

Denver Bankruptcy Attorney.

Contributor Level 20
  1. My husband wants to file bankruptcy, I don't.

    Answered 13 days 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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  2. Chapter 7 - "Payments to Creditors" - do garnishments count?

    Answered 10 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).

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. 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 12 months 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

    1 person marked this answer as helpful

  4. How can I win this situation? (See below info)

    Answered 9 months ago.

    1. Brian Crozier Whitaker
    2. Matthew Scott Berkus
    3. Dorothy G Bunce
    3 lawyer answers

    I agree with Brian, the path of least resistance is probably to set up a new agreement with the new agency. Otherwise, push comes to shove, the only way to "try" to enforce the prior settlement agreement is to sue in court. That is what court is for; two parties are in dispute, and they have been unable to resolve it. When that happens, all it leaves is to fight it out in court.

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  5. What will happen to my mortgage arrears if i convert from chapter 13 to chapter 7

    Answered 11 months ago.

    1. Matthew Scott Berkus
    2. Christine B. Adams
    3. Dorothy G Bunce
    4. Tara Lynn Jensen
    5. Cynthia M Young
    5 lawyer answers

    Depends. If the plan has already paid the arrears, AND you are otherwise current on your mortgage, then you should have no issue with converting to a chapter 7. The arrears have been cured. If the plan has yet to pay all the arrears, then you have a problem. When you convert to chapter 7, you will still be in default of your mortgage. As such, you will be back to square one with the mortgage. You will need to work out something with the bank, but if you can't, then the bank forecloses.

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  6. Must a bankruptcy filing under Chapter 7 be submitted in typed format only?

    Answered about 2 months ago.

    1. Rustin Scott Polk
    2. Kevin Arnold Spainhour
    3. Matthew Scott Berkus
    4. Stuart Gregory Steingraber
    5. Richard D. Granvold
    5 lawyer answers

    The easiest way to find out is to call the court clerk in the district in which this person would be filing the case. If the court clerk won't answer the question, you can check the districts local rules of bankruptcy procedure. However, he will have ONE problem, the creditor matrix. (this is how the court creates the mailing list). The creditor matrix must be typed and formatted a certain way. When you call the court clerk, you will want to specifically ask about the creditor matrix and find...

    9 lawyers agreed with this answer

  7. Can my new husband and I file for bankruptcy if I had done so in a previous marriage 4 years earlier?

    Answered about 2 months ago.

    1. Matthew Scott Berkus
    2. Richard D. Granvold
    3. Brendan Michael Kelly
    4. David Alan Boone
    4 lawyer answers

    First, your husband can file bankruptcy, individually, regardless of your prior filing. Whether his bankruptcy, by himself, will achieve all your goals is a different question. However, if your plan is to (or if you need to) do file a joint bankruptcy, then an analysis would need to be done to determine your eligibility. Some factors include which chapter of BK you filed previously, what chapter you intend to file now, and when you filed your prior case.

    9 lawyers agreed with this answer

  8. Will an inheritance received by our children become part of my wife's and my Chapter 13 bankruptcy estate?

    Answered 5 months ago.

    1. Richard D. Granvold
    2. Matthew Scott Berkus
    3. Derek R. Caldwell
    4. Brent J Jensen
    4 lawyer answers

    No. As stated, your kids are not you. Your kids inheritance will not become part of your bankruptcy. Now, of course, this comment assumes the inheritance flows directly to your kids. So, the real answer to your question will lie in your parent's estate plan. Ideally, your parents have (or by operation of the Will, will create) a generation skipping trust. A trust set up such that your kids are the beneficiaries.

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  9. Can my spouse bankrupt his business after our divorce?

    Answered 7 months ago.

    1. Matthew Scott Berkus
    2. Robert J Adams Jr.
    3. Brett D Weiss
    4. Jerry A. Tuffentsamer
    4 lawyer answers

    Was the business appraised as part of the divorce proceeding? Does the judgment contain a "number" that must be paid. If the judgment contains the value of the business and the number that MUST be paid to you, then it probably doesn't matter what your ex does with the business, he is still obligated to pay the amount stated in the judgment. If the above is not the case, then you have problems. In addition, there are a ton of other variables that could factor in, and no one here knows the...

    9 lawyers agreed with this answer

  10. I have not been able to re-finance my mortgage because it was never reaffirmed during my ch. 7 filing in 05'.

    Answered 7 months ago.

    1. Matthew Scott Berkus
    2. Gary Alan Armstrong
    3. Nels C. Hansen
    4. Robert J Adams Jr.
    5. Dorothy G Bunce
    6. ···
    6 lawyer answers

    You CAN'T reaffirm the mortgage at this point. Go talk to a mortgage broker who can shop your loan package around. There is absolutely no legal barrier to refinance a mortgage for failing to reaffirm.

    9 lawyers agreed with this answer