Stanley Phillips Berman’s Answers

Stanley Phillips Berman

Nevada City Chapter 7 Bankruptcy Attorney.

Contributor Level 6
  1. I FILED FOR CH 13 ABOUT A WEEK AGO. I NOW WANT T DISMISS THE CASE. I HAVENT GONE TO COURT YET. HOW DO I STOP IT?

    Answered over 2 years ago.

    1. Stanley Phillips Berman
    2. Eric M Lee-O'Brien
    3. Marco Antonio Torres
    4. Nicholas I Fuerst
    4 lawyer answers

    Submit an application to dismiss to the clerk and it will be immediately granted. It should state "debtor hereby applies to the court clerk for dismissal of the within action" Provide a signature line at the bottom after " The within action is hereby dismissed " Dated: Clerk of Bankruptcy Court

    Selected as best answer

  2. HOW LONG DOES IT TAKE FOR THE COURT TO DISMISS MY CH 13 PETITION ONCE I FILE THE APPLICATION TO DISMISS?

    Answered over 2 years ago.

    1. Stanley Phillips Berman
    2. Christine Ann Wilton
    3. Marco Antonio Torres
    4. Nicholas I Fuerst
    4 lawyer answers

    Submit an application to dismiss to the clerk and it will be done by the clerk immediately.

    Selected as best answer

  3. Can my Apt. Manager threaten me with eviction, call me a liar, tell other residents I'm low income?

    Answered over 2 years ago.

    1. Stanley Phillips Berman
    2. Adam David Sorrells
    3. Lisa Marie Gaspero
    5 lawyer answers

    If she gives reasons related to the lies as grounds for an unlawful detainer action you may be able to defeat the eviction but she can give you the required notice then evict you without stating a reason. You could consult with a legal aid organization to see if her actions are discrimination or harassment.

    1 lawyer agreed with this answer

  4. WHEN CAN I FILE CH 7 AFTER A CH 13 VOLUNTARY DISMISSAL

    Answered over 2 years ago.

    1. Christine Ann Wilton
    2. Stanley Phillips Berman
    3. Nicholas I Fuerst
    4. Dorothy G Bunce
    5. Christopher Frederic Ikerd
    5 lawyer answers

    The dismissal of the Chapter 13 will not effect your Chapter 7 filing in June 2012. This is the specific question you asked.

    1 person marked this answer as helpful

  5. Should I release my policy limit to the other party?

    Answered over 2 years ago.

    1. Derryl Stephen Halpern
    2. Tahj Emmanuel Gomes
    3. Stanley Phillips Berman
    4. Marc Sean Hurd
    5. Christian K. Lassen II
    6. ···
    6 lawyer answers

    You have a conflict of interest with your insurance company. By them releasing the policy limit information to the other party it may help the case settle causing you less stress and protecting you from liability in the long run. As you have no assets, the other party will probably want to settle for the policy limit and you will be free of risk.

  6. I have one kids and single. If 1 day i file chapter 7, if i got the tax refund, will they ask me pay them back the debt?

    Answered over 2 years ago.

    1. Pierre George Basmaji
    2. Jonathan David Leventhal
    3. Stanley Phillips Berman
    4. Dorothy G Bunce
    4 lawyer answers

    You should be able to keep your assets but will have to file for them correctly. You may have to get an attorney to do this right. Your tax return can be protected depending on how much it is and what exemptions you can use. Your credit card company will probably cancel your card upon your bankruptcy filing.

  7. Will they take the money from my son's account?

    Answered over 2 years ago.

    1. Stanley Phillips Berman
    2. Dorothy G Bunce
    3. Shannon E Wynn
    4. Christopher Frederic Ikerd
    4 lawyer answers

    It depends how much money is in the account, whether it can be exempted under your exemptions, and whether it is your asset or your son's ( how the account is set up, are you only the trustee on the account) If its a lot of money you should consult a lawyer.

  8. File chapter 7 bankruptcy again. Eligible 8 years after I last filed or after the discharge?

    Answered over 2 years ago.

    1. John Gerth Merna
    2. Marco Antonio Torres
    3. Stanley Phillips Berman
    4. Nicholas I Fuerst
    4 lawyer answers

    You can file again eight full years from the date of the previous filing.

  9. Does a chapter 7 filing & discharge protect against a levy proceeding if there was a judgement for collection 3 years ago?

    Answered over 2 years ago.

    1. Hamid Jabbar
    2. Stanley Phillips Berman
    3. Marc Gregory Wagman
    4. Christopher Frederic Ikerd
    4 lawyer answers

    Once you file your Chapter 7 the collection actions are stayed. The December court date will be stayed if you file your bankruptcy notice with the state court.

  10. I HAVE A AUTO LOAN THAT HAS BEEN CHARGED OFF. I STILL HAVE THE CAR. WILL I BE ABLE TO KEEP IT IN A CHAPTER 13 BANKRUPTCY

    Answered over 2 years ago.

    1. Hamid Jabbar
    2. John Gerth Merna
    3. Pierre George Basmaji
    4. Stanley Phillips Berman
    4 lawyer answers

    As long as the payment proposed by your plan is not unreasonably high so as to constitute a luxury ( and you don't have other cars making it unnecessary) you will be able to keep the car by making the reduced payment.