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Stanley Berman’s Answers

15 total


  • Our insurance company deemed the car a total loss ( do to damage vs. worth of car). if we fix it do we have to take the offer?

    they want to offer us a small amount but we still owe $1300 to the bank for it , Do we have to go through the insurance company or can we drop the claim and fix it out of our pocket?

    Stanley’s Answer

    You can drop the claim but why not take the amount offered to use toward the $1300 owed?

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  • Should I release my policy limit to the other party?

    I was caught into a car accident about 10 months ago and I am solely responsible for the injuried party's lost. The attorney from the injuried party sent 2 letters to my insurance carrier for my policy limit. I talked to my adjuster, and he implie...

    Stanley’s Answer

    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.

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  • What do you do when your ex is out to get you fileing lies after lies

    my ex does not want me to have child custody or any say in child life. custody pending she have filed criminal charges against me on things that never happened. what can i do to stop this once i prove it didnt happen

    Stanley’s Answer

    If you can prove it didn't happen you have a chance to prove parental alienation. Depending on the law in your state there may be a preference for custody with the parent most likely to foster frequent and continuing contact with the other parent.

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

    Can my Apt. Manager threaten me with eviction, call me a liar, tell other residents I'm low income? Make up lies about me to residents and other staff? She has made up soo many lies and caused soo much emotional distress in my life as well as my t...

    Stanley’s Answer

    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.

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  • 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?

    I am single and 1 kid 2 years old. If i file chapter 7, and later if i receive tax refund check, do i need to pay them back? Or is just if my bank has money, those money will belonging to the creditor? please advise.

    Stanley’s Answer

    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.

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

    If i am single, and one 2 years old son, and my son has his own saving account, and this account has money. due to my son is under 18, and i am the person montoring this account. I want to ask if i file chapter 7, or the debt collector try to co...

    Stanley’s Answer

    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.

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

    I know...don't ask. Anyway, may need to file again. Please explain the 8 year requirement for filing a 7 again.

    Stanley’s Answer

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

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  • Chapter 7 mortgage not reaffirmed bit still paying on time. 1st mortgage sold and they start calling asking for payment

    Mortage is due 1st with Grace period to 15th. They start on the 2nd even before I get my first statement from new company green tree servicing they demend payment . Can they do that. What I should do? I want keep my home but this is too much hara...

    Stanley’s Answer

    This may be because you did not reaffirm the mortgage. You could try contacting the lender and get a stipulation to reaffirm the debt if you reopen your case. Then you could file to reopen your case ( costs $260) stating that it is for the purpose of filing a reaffirmation agreement and then file the agreement, your case will then be closed again. I have done this before successfully but sometimes the lender is hesitant to agree to let you reaffirm ( stating it is their policy to not reaffirm a discharged debt even though it makes no sense).

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

    I'm filing chapter 7. There is a collection attorney that filed for a levy of assets on my wife and I. We got married this year. The debt comes from a 2003 personal credit loan in which she was not a party of. I was the only signer of the loan. Th...

    Stanley’s Answer

    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.

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  • I'd like to know if filing Chapter 13 would help me restructure my debts without being sued by creditors & having my income garn

    Up til about 7 years ago, I had a full time job with a second income from a parent. However, over the last few years, I have not been able to secure a full time job, I went to school & I lost my parent. I have only had a part time income with some...

    Stanley’s Answer

    Yes you could file Chapter 13 if your income shows an excess to fund a plan payment. Also as you have been sued you could try to make a payment agreement with the attorney that filed the suit. Finally you could file Chapter 7 to discharge the debts depending on your assets.

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