Kelly Marie Resnick’s Answers

Kelly Marie Resnick

Newark Chapter 7 Bankruptcy Attorney.

Contributor Level 10
  1. What will the court say if I already spent my income tax

    Answered 8 months ago.

    1. Shaye Larkin
    2. Kelly Marie Resnick
    3. Michael John Primus
    4. Sandra A Kuhn Esq.
    5. Richard D. Granvold
    6. ···
    7 lawyer answers

    Like the other response stated, this is only an issue if the funds are non-exempt. If you put your petition together yourself, you should be familiar with the exemptions, especially the "wildcard." If you have available exemption, you can amend your Schedules B & C to protect the refund. If you do not have enough exemption left, then the Trustee will demand that you pay back the funds spent. You need to be proactive here since you did spend these funds without authorization, so do not wait....

    11 lawyers agreed with this answer

  2. Does a Judgement Lien Expire

    Answered about 1 year ago.

    1. Kelly Marie Resnick
    2. Ivan Trahan
    3. Derek R. Caldwell
    3 lawyer answers

    In California, a judicial lien will expire in 10 years; however, the creditor can renew the judgment before it expires for another 10 years. They can do this every 10 years. You may, depending on your situation, be able to remove this lien in a bankruptcy. There are other options as well to settling this obligation. You should speak to an attorney about your options since you could be stuck with this debt for a very long time.

    10 lawyers agreed with this answer

  3. Chapter 7 Bankruptcy in process: Question about how court notifies creditors when discharged...

    Answered about 1 year ago.

    1. Christine B. Adams
    2. Kelly Marie Resnick
    3. Stuart Gregory Steingraber
    3 lawyer answers

    The Court usually sends just one notice per creditor, not account, listed on Schedules D, E, F and G. If you forgot to list a creditor, you can amend your schedules to reflect the missing creditor. However, in California, based on case law (i.e. In re Beezley), failure to list a creditor in a no-asset case does not effect the discharge of that debt. A no-asset case is where there was no liquidation of assets and therefore, no distribution to your creditors. So if your case was a no asset...

    Selected as best answer

  4. I moved to CA from NJ and will file Chap 7. What address do I use to fill out the forms and to whom/where do I send the forms?

    Answered 10 months ago.

    1. Shaye Larkin
    2. Kelly Marie Resnick
    3. Stuart Gregory Steingraber
    4. Lisa Jane Espada
    5. Malcolm Wallace Ruthven
    6. ···
    6 lawyer answers

    Your question is related to two issues in bankruptcy. First, where to file. Since you have been living in San Francisco for more than 91 days immediately preceding the filing of your case, the proper place to file your case is in the Northern District of CA, San Francisco Division. Second, what exemptions can you use to protect your property. If you have been living in CA for less than two years (which you have), you must use the exemptions of the state where you were domiciled (i.e....

    Selected as best answer

  5. If I file for chapter 7 bankruptcy, would I have to list our home's mortgage as a debt if it is in my spouse's name only?

    Answered over 1 year ago.

    1. Michael Raymond Daymude
    2. David Patrick Farrell
    3. Kelly Marie Resnick
    4. Kathryn Ursula Tokarska
    5. Navid Kohan
    6. ···
    6 lawyer answers

    As the other responders have stated, you are required to list all assets you have an interest in. Since you are married in a community property state and the property was purchased while you were married, you have a 50% community property interest in the home regardless of whether or not your name is on title. This interest must be disclosed on Schedule A. Also, the corresponding mortgage must be listed on Schedule D since Schedule D requests that all secured debts related to any property...

    7 lawyers agreed with this answer

  6. I have 50k in IRS debt. IRS has placed a lien on all my property. If I file Ch 13 - will I have to pay interest on taxes?

    Answered over 1 year ago.

    1. David Patrick Farrell
    2. Kelly Marie Resnick
    3. Brian Crozier Whitaker
    4. Michael Avanesian
    5. Devin Sawdayi
    5 lawyer answers

    You do have to pay interest on the secured portion of the IRS lien. The IRS lien secures only up to the value of equity you have in all your assets. So there's a chance that some of the IRS will be secured, and some will be unsecured. Depending on a few additional factors, that unsecured portion may or may not have to be repaid in your case. When dealing with taxes in bankruptcy, you should definitely consult an experienced attorney.

    7 lawyers agreed with this answer

  7. Can i put past due utility bills in chapter 13 ?

    Answered over 1 year ago.

    1. Kelly Marie Resnick
    2. Madhu Kalra
    3. Brian Crozier Whitaker
    4. Brad Francis Weil
    4 lawyer answers

    Yes, you can list your past due utility bills in your Chapter 13. They go on Schedule F--Unsecured Claims. However, something I've come across in my practice is when a client files bankruptcy with unpaid utility bills, but wants to keep the utility service moving forward. Usually, the utility company will require the client to put down a security deposit to keep the service, and the security deposit usually resembles the past due amount. So you may want to consider whether or not you want...

    7 lawyers agreed with this answer

  8. Which form do I use to ask that Creditor Judgments be Dismissed/Vacated due to Chapter 7 Discharge?

    Answered about 1 year ago.

    1. Kelly Marie Resnick
    2. Cindy Lee Hill
    3. Christine B. Adams
    4. Matthew Erik Johnson
    5. Gary D. Bollinger
    5 lawyer answers

    Upon entry of your Discharge Order by the Bankruptcy Court, the judgment is discharged meaning you do not owe the debt any longer. However, the judgment will still reflect on your credit, but the status should say "discharged in bankruptcy." Also, double check that both the creditor and the attorney for the creditor receive notice of your bankruptcy discharge to avoid any unnecessary issues related to collection via wage garnishment or bank levy in the future related to this judgment.

    Selected as best answer

  9. In CH13, can we include a stripped of mortgage payment and arrears in Schedule J or the Means Test? Surrendering work the same?

    Answered almost 2 years ago.

    1. Kelly Marie Resnick
    2. Kathryn Ursula Tokarska
    3. David Lloyd Merrill
    4. Dorothy G Bunce
    5. Howard Aaron Lazarus
    5 lawyer answers

    Unfortunately, you cannot use the mortgage payment of a stripped mortgage on the means test or on Schedule J. The arrears aren't counted either. Also, if you choose to surrender the house, neither the mortgage payment or arrears can be counted. The Court needs to see what your disposable income is moving forward to determine how much you can pay toward your plan. If you're stripping the mortgage, you no longer have to pay that obligation so you cannot use it to reduce your disposable...

    Selected as best answer

  10. My friend started filing bankruptcy, Chapter 13, but had to go into the hospital. Is there a form for filing an extension?

    Answered over 1 year ago.

    1. Michael Avanesian
    2. David Patrick Farrell
    3. Kelly Marie Resnick
    4. Derek R. Caldwell
    5. Brad Francis Weil
    6. ···
    6 lawyer answers

    You can just file an informal request for an extension. But the Court will most probably only give you 30 days to file everything, and if it's not done by then, they will dismiss the case.

    6 lawyers agreed with this answer