Steven Keith Brumer's Answers

If I'm being sued by a credit card company while I'm in the process of declaring bankruptcy, will that be included?

That would depend on what you mean by "in the process". If you're sued before you file, then the filing will stop the lawsuit and the creditor will likely dismiss the suit. The debt would likely also be discharged in the bankruptcy as long as it was incurred before you file. This answer is not meant to create an attorney/client relationship. SKB

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Alternatives to chapter 7?

Mr. Gorski is correct in his recommendation that you seek bankruptcy counsel. Generally speaking my clients have had poor results negotiating with unsecured creditors (creditors that can't repossess any actual property if the debtor defaults). Nonetheless, it's certainly worth a shot if you want to try it. If this fails, you should consult an attorney becuase, although typing up a petition could be done by virtually anyone, there is a great deal of planning and timing involved in a properly-...

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Bankruptcy Lawyer versus Bankruptcy Service?

I would suggest speaking to attorneys in your area. Many times you can pay the fee by the time the petition is ready to be preapred by simply withholding payments from creditors who you intend to discharge. Where a client has a difficult time paying, I generally don't accept a fee until the petition is actually prepared and ready to be filed. Talk to some attorneys; you will be surprised what you can afford.

After signing a lien in order to sell my home, can I declare bankruptcy?

Sounds like a rough situation. Losing your home can be very traumatic. However, absent other cirumstances (which you will discuss with your attorney) completing a short sale will not prevent you from filing a bankruptcy. Have you filed for bankruptcy before? If so, how recently? You need to discuss your complete situation with a bankruptcy attorney who can analyze your circumstances and help guide you through the process. With the right counsel on your side, you'll have the advice you...

Credit rating - chapter 13 v. chapter 7 - which affects your credit worse?

Generally speaking, the information that I'm hearing is that a 13 will be less damaging on your credit report than a 7 because, ina 13, you're probably going to be paying back a portion of your debt to unsecured creditors but I'm not certain that the difference is very significant. With regard to your home, you can keep it regardless of whether you file a 7 or a 13 depending on many factors such as your income, whether and to what extent you are in arrears on your mortgage, and others....

I am on unemployment insurance. CAn I still file for chapter 13?

Being on unemployment will not prevent you from filing a Chapter 13 petition but such a petition might not be the best course of action for you. I would recommend finding a local attorney through AVVO or the National Association of Consumer Bankruptcy Attorneys (nacba.org) and having a consultation. Whether you can keep your home and car depends on many factors, as well.

Received letter from lawyer in Ca in regard to my parents bankruptcy. Claim they committed fraudulent transfer.

Doesn't sound normal to me. If the lawyer is licensed in CA, he should have a bar profile on the California Bar's website at http://members.calbar.ca.gov/search/member.aspx. Good luck. PS: I'm from Brooklyn originally.