Sean Sullivan Hanley’s Answers

Sean Sullivan Hanley

San Jose Chapter 7 Bankruptcy Attorney.

Contributor Level 11
  1. Chapter 7 auto lease bank says if i want to keep for the last 8 mos without reaffirming just keep paying. Liable for miles over?

    Answered about 3 years ago.

    1. Sean Sullivan Hanley
    2. Dorothy G Bunce
    3. Eric Charles Lewis
    4. Bradley Stetler Covey
    4 lawyer answers

    When filing a Chapter 7 Bankruptcy, there is a form entitled "Statement of Intention." This is where the debtor claims their intent with regards to their secured property (such as cars and/or real property). If you claim on the "Statement of Intention" form that your intent is to "retain property and continue making payments on collateral," then so long as you are current on your lease payments, your creditor will be notified of your intent to continue making payments on the existing contract....

  2. Which one takes longer, short sale or foreclosure?

    Answered about 3 years ago.

    1. Richard Alan Rodgers
    2. Sean Sullivan Hanley
    3. Frank Wei-Hong Chen
    3 lawyer answers

    It is hard to provide an accurate answer given the facts supplied. Some other relevant facts pertinent to an accurate analysis would be the type of loans you have (purchase money and/or refinance), which would give you a better idea of the potential recourse a foreclosing lender may have against you given your future course of action (foreclosure vs short sale). As far as a timeline: The lender will likely pursue a Non-Judicial Foreclosure, which, if pursued as quickly as possible by the...

  3. How long should I wait before Applying for a Mortage after A Bankruptcy?

    Answered about 3 years ago.

    1. Marc Gregory Wagman
    2. Sean Sullivan Hanley
    3. Andrea D. Cartwright
    4. Michael Anthony Cataldo
    4 lawyer answers

    There is no strict time limit; however, qualifying for a loan to acquire a new property within ~5 months post-Bankruptcy discharge is going to be difficult. YOu should discuss this with local IL counsel as the practical impacts of Bankruptcy (i.e. how long after Bankruptcy discharge will it take to qualify for a new loan) are potentially different than in CA. Due note, however, that Chapter 7 Bankruptcy lasts on one's credit report for 10 years, which will be clearly identifiable by...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  4. I rent a commercial space & my landlord wants to lock me out without an eviction judgement for non payment of rent. passaic nj

    Answered about 3 years ago.

    1. Sean Sullivan Hanley
    1 lawyer answer

    I am not sure about NJ, but the law in general does not allow "self help" evictions as described in your email. In California, the landlord would have to provide you with notice before serving you with an unlawful detainer (fancy word for "eviction") complaint and summons. You should consult local legal counsel to make sure your legal rights are protected.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  5. Do I have any recourse when a debt was discharged in Chapter 7 Bankruptcy and one creditor is still reporting late pmnts.?

    Answered about 3 years ago.

    1. Eric Charles Lewis
    2. Stephen M Trezza
    3. Sean Sullivan Hanley
    3 lawyer answers

    As indicated by the other Attorneys, the FDCPA is federal law that prohibits certain kind of debt collection misconduct and there are remedies (which are quite limited to individual actions - one of the mian criticisms about the FDCPA and reason why there is a push for legislative change). Regardless of the rights afforded to you under the FDCPA, you should consider discussing this matter with an attorney. An Attorney representation letter to your crediotor explaining the issue and...

    1 lawyer agreed with this answer

  6. Can a foreclosure legally proceed if one of the deed holders was not sent notice of pending foreclosure to his proper address?

    Answered about 3 years ago.

    1. Glen Edward Ashman
    2. Sean Sullivan Hanley
    2 lawyer answers

    This notice violation is technical in nature. So long as the foreclosing lender conformed with their "due diligence" requirements and have proof of the same, stopping the foreclosure and/or defending on a technical notice violation will be an uphill battle. Some judges will find that proper notice has been given by the mere fact that the person is complaining of of technical notice violation (especially so late in the process as is the case here). You should consult local legal counsel,...

    1 person marked this answer as helpful

  7. In bankruptcy, I signed an SOI for a lease but never signed the reaffirmation agreement. Am I still responsible to pay?

    Answered about 3 years ago.

    1. Mitchell Paul Goldstein
    2. Dean David Paolucci
    3. Sean Sullivan Hanley
    4. Michael Anthony Cataldo
    4 lawyer answers

    Your personal liability is discharged in bankruptcy. When/if you return the car, you should not be responsible for the extra fees as your personal liability was discharged in the Chapter 7 Bankruotcy. You should consult your Bankruotcy Atttorney wit any specific inquiries regarding your Bankruptcy. Hope this helps.

    1 person marked this answer as helpful

  8. As a 'renter', do i have any recourse if the property i'm living in goes into foreclosure?

    Answered about 3 years ago.

    1. Chad Jonathan Lee
    2. Raghu Nandan
    3. Sean Sullivan Hanley
    3 lawyer answers

    You should direct your question to a Colorado Attorney as I am unsure as the legal and/or practical differences between CO and CA. However, I see no reason why you cannot contact the bank directly. Upon the foreclosure sale date, your current landlord is replaced by the bank. All lending institutions policies regarding foreclosed properties are different; thus, your new landlord (bank) may be willing to rent to you based on their ultimate goal regarding the property. Regardless of the...

    1 person marked this answer as helpful

  9. My wife and I filed ch 7 9/09 reaffirmation agreement was signed with b of a. My credit report still shows discharged

    Answered about 3 years ago.

    1. Eric Charles Lewis
    2. Sean Sullivan Hanley
    2 lawyer answers

    Entering into a reaffirmation agreement is typically not advisable - the main goal of a debtor post chapter 7 bankruptcydebt to discharge personal liability for debts. A reaffirmation agreement essentially binds you to a new agreement with the creditor, whereby you are then personally liable for any default. Given that you did enter into the reaffirmation agreement, the lender will start foreclosure proceedings against you should you default on your payments. Your personal liability in a...

  10. How do I file a law suit and represent myself since I can not affort an attorney?

    Answered about 3 years ago.

    1. Sean Sullivan Hanley
    1 lawyer answer

    I cannot advise you about your local court/access to online self-help information, but in California, there is a lot of online self-help information to guide prospective "in pro per" individuals through varous types of legal processes. You should look at your local court's website to see if there is any self-help info. Also, the courthouse itself is a good location to get helpful information. If the case is too difficult to process/understand, you may want to look for local attorneys...