Michael Avanesian’s Answers

Michael Avanesian

Glendale Chapter 11 Bankruptcy Attorney.

Contributor Level 16
  1. Corporate chapter 7. Can a small corp. file for chapter 7 to get rid of corp credit cards and still stay in business /operate

    Answered over 1 year ago.

    1. Michael Avanesian
    2. Daniel Mark Press
    3. Carl H Starrett II
    4. Jerome S Cohen
    5. Irve J Goldman
    6. ···
    6 lawyer answers

    You cannot do it in a Chapter 7 for your business. There may be other structures which you can use to do this. For example, a Chapter 11 or combining your business with your individual assets and doing a Chapter 7 or 13 that way. This is a very fact specific issue.

    15 lawyers agreed with this answer

  2. I declared bankruptcy over 4 years ago but the bank has never foreclosed on my home. It has been 5 years since I made a house

    Answered over 1 year ago.

    1. Michael Avanesian
    2. David Lloyd Merrill
    3. Francisco Javier Gonzalez
    3 lawyer answers

    You probably can't keep the house and you should just enjoy the benefits of living rent free for 5 years!! wow. If you do want to keep the house, consult your bankruptcy attorney to see what the best options are. By now, with all the fees etc, your second is probably unsecured and you can do a 13 to strip it. You probably will then want to see if you can do a loan mod on the first.

    15 lawyers agreed with this answer

  3. Can a mortgage company foreclose on my home while I am awaiting a bankruptcy discharge?

    Answered over 1 year ago.

    1. Dorothy G Bunce
    2. Michael Avanesian
    3. Brett D Weiss
    4. William James Waters
    5. Brad Francis Weil
    5 lawyer answers

    If you filed pro-se.. I think you really ought to find an attorney.

    13 lawyers agreed with this answer

  4. We believe we qualify for Chapter 7 bankruptcy.

    Answered over 1 year ago.

    1. Michael Avanesian
    2. Alison Nicole Emery
    3. Christopher Frederic Ikerd
    4. Michael Albert Dedecker
    5. Derek R. Caldwell
    6. ···
    7 lawyer answers

    It sounds to me like you are planning to do this without an attorney. I highly recommend you see a bk attorney in your area for a free consult. Don't do it on your own!

    13 lawyers agreed with this answer

  5. Bankruptcy. I filed for chapter 7 using an attorney to file. I need to pay extra to have him at a 341 hearing. Is it necessary?

    Answered over 1 year ago.

    1. Michael Avanesian
    2. Walter C Oney Jr
    3. William James Waters
    4. Diane L Gruber
    5. Kathryn Ursula Tokarska
    6. ···
    6 lawyer answers

    What a scam! I'm sorry to hear that someone in our profession acts like this. While a limited scope of engagement for an attorney is possible in a Chapter 7, that kind of limit is just redicilous and I too would complain both to the state bar and the united states trustee!

    Selected as best answer

  6. AM I ABLE TO FILE CHAPTER 11 MYSELF

    Answered over 1 year ago.

    1. Michael Avanesian
    2. Scott Benjamin Riddle
    3. Adam Brooks Arnold
    4. Richard Grayson Grant
    5. Frank John Kokoszka
    6. ···
    6 lawyer answers

    Yes, you can file. No, you shouldn't.

    12 lawyers agreed with this answer

  7. I won my small claims case but defendant has sent me a "suggestion of bankruptcy" after the fact does that overturn my win?

    Answered over 1 year ago.

    1. Michael Avanesian
    2. Robert Bruce Kopelson
    3. Henry Lebensbaum
    3 lawyer answers

    Does he have assets or is this a no asset bk? If no asset, then you wouldn't get paid even if you won.

    12 lawyers agreed with this answer

  8. I have a chap 7 filed 10/ 5,2005- prior to new law being enacted 10/17/05-why is this case not subject to 6 yr waiting period?

    Answered over 1 year ago.

    1. Michael Avanesian
    2. Scott Benjamin Riddle
    3. Susan J Dodds
    4. Stuart Gregory Steingraber
    5. Bruce Clifford Fett
    5 lawyer answers

    It's because of the way the law is worded. The preBAPCPA code does not say "You can file again in 6 years." It says, "If you filed in the last 6 years, you can't get a discharge." So when you filed, all the law cared about is if you filed in the past, it said nothing about the future. The new law says if you filed in the last 8 years, you can't file again. You're trying to use the new law, so this clause triggers and you can't file again.

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. I have filed chapter 13 bankruptcy but not on my home equity loan. they want to settle for a lesser amount. will this affect me?

    Answered almost 2 years ago.

    1. Dorothy G Bunce
    2. Brian Crozier Whitaker
    3. Judy A. Goldstein
    4. Ashley Anne Digiulio
    5. Michael Avanesian
    6. ···
    6 lawyer answers

    I disagree with everyone who told you to speak to your attorney; if all they mean is ask him what to do. Don't pay the second on a home you want to keep, alone, is going to screw you. Many attorneys don't know what they are doing. It is up to you to figure this out. I can tell that you already suspect this attorney's competence and that's why you're here asking. There are two cases here. The first case is that the first on your home exceeds the value of the home. In that case, you should...

    11 lawyers agreed with this answer

  10. Can we file a Chapter 13 after receiving a Chapter 7 discharge in 2011?

    Answered over 1 year ago.

    1. Aalok Sikand
    2. Michael Avanesian
    3. Stuart Gregory Steingraber
    4. Gordon Heath Boutwell
    5. Susan J Dodds
    5 lawyer answers

    Yes, you can file. It really depends on the judge you had for Chapter 7 because only some judges allow chapter 20s (Chapter 7 followed by 13 soon thereafter). You need an attorney that knows the judges, that can predict which one you will get (this can only be done sometimes), and one that can explain the pros and cons. Not something you can do on your own.

    9 lawyers agreed with this answer

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