Scott Darrell Schwartz's Answers

Filing Chp 7 bankruptcy in CA

The answer depends on how you have been using your credit cards and you should consult with an attorney to review the purchases. Generally speaking, if you use a credit card to purchase a luxury item worth over $600 in the three months before you file for bankruptcy, there is a presumption of fraud. If you are using the credit cards to pay general household expenses like gas and food that are reasonable you will not be accused of fraud. You should stop using the cards once you recognize that...

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Bankruptcy chapter 7-Delinquent HOA fees and a HOA lien not included.

This is a complex question and you should consult with the attorney that handled your bankruptcy for specific advice on the issues. Generally, you can include the HOA dues that are delinquent at the time that you file for bankruptcy and discharge them in the bankruptcy. After the bankruptcy is filed, you continue to accrue expense for the HOA that is not dischargeable in the bankruptcy since it is a post bankruptcy expense. The bankruptcy will discharge any personal liability for the loans...

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How to get a judgement set aside, reversed, etc.

It is not clear from your question whether or not you were ever served with a lawsuit. It sounds like you have received threats from the creditor to file a lawsuit, but no lawsuit has been filed. If a lawsuit was not filed and served on you, then there is no judgment at this point and you can negotiate a settlement with the creditor. If you have other debts and you cannot afford to pay them you may qualify for bankruptcy and the bankruptcy will stop the collections and discharge the debts....

When a married couple file a joint Chapter 13 in NY State, can one person modify the plan and convert their debts to a Chapter 7

Since the bankruptcy was filed jointly by a married couple, the debtors would need to file a motion to separate the bankruptcy into two separate actions. If the married couple lives together then it may not be possible for either of them to qualify for a Chapter 7 since their individual bankruptcies be based on the same income and expenses that originally established the Chapter 13. If the couple has legally separated and one spouse qualifies for a Chapter 7 then the entire debt will be...

Discharged Mortgage on Townhome, Judgement for accelerated fees!

If the townhouse was surrendered in the bankruptcy, the loans were discharged. If you included any homeowner or maintenance fees that were in arrears at the time of the bankruptcy, the fees would have also been discharged. The fees following the bankruptcy accrue post bankruptcy so they were not discharged. You will be responsible for any post bankruptcy fees.