Thomas A McAvity’s Answers

Thomas A McAvity

Portland Bankruptcy Attorney.

Contributor Level 14
  1. Can I claim bankruptcy Chapter 13 on child support and her attorneys fees

    Answered almost 2 years ago.

    1. David Matthew Gotzh
    2. Judy A. Goldstein
    3. Wes Cowell
    4. Derek R. Caldwell
    5. Thomas A McAvity
    5 lawyer answers

    You can pay off the arrears, including those attorney fees which relate specifically to support, and ultimately discharge them in a Chapter 13 Bankruptcy. You will be able to pay them off without interest and often at the expense of other unsecured creditors who would otherwise have been entitled to funds in your case.

    12 lawyers agreed with this answer

  2. Can we switch attys in middle of chapter 13

    Answered almost 2 years ago.

    1. Patrick Begley
    2. Thomas A McAvity
    3. Howard Aaron Lazarus
    4. Hale Andrew Antico
    5. Kevin Michael Ryan
    5 lawyer answers

    You can switch attorneys post-confirmation but for a variety of reasons attorneys are often hesitant to take cases on once cases have reached that stage. Just because you received a mortgage modification does not necessarily mean that your plan payment will go down: There may for example simply be more money available now fo your unsecured creditors. I do agree that you need clarity on this issue. If the attorney has been non-responsive for years now, I would recommend setting up an in-person...

    11 lawyers agreed with this answer

  3. I paid my Lawyer 1300 dollars when i filed for ch. 13 bankruptcy. She now wants 425 dollars to convert to a ch7 is this fair?

    Answered over 2 years ago.

    1. Alan D. Walton
    2. Kathryn Ursula Tokarska
    3. Michael J Corbin
    4. William P. Turner
    5. Derek R. Caldwell
    6. ···
    6 lawyer answers

    She is very kind. I would charge you nearly three times that amount. The reality is that doing a conversion is only marginally less work than doing an entire Chapter 7 from scratch.

    10 lawyers agreed with this answer

  4. Can we add more medical bills to our chapter 13 after we filed

    Answered almost 2 years ago.

    1. Thomas A McAvity
    2. Paul M. Gaide
    3. Hermin A. Dowe
    4. Ashley Anne Digiulio
    5. Howard Aaron Lazarus
    6. ···
    6 lawyer answers

    You cannot add the medical bills to your current Chapter 13 case. If the medical bills are too burdensome you may want to discuss dismissing and refiling your current Chapter 13 case, or checking on your eligibility for conversion which would enable you to add the new medical debts. Failing either of these options, you may want to discuss amending your current Chapter 13 Plan to account for the new unavoidable expense. Your attorney is the only one who can really give you a meaningful...

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  5. In Chapter 13 do you have a right to save your home ?

    Answered over 1 year ago.

    1. Thomas A McAvity
    2. Daniel Edward Mueller
    3. David Lloyd Merrill
    4. Donna Lynn Harding
    5. Asaph O. Abrams
    5 lawyer answers

    A Chapter 13 is certainly a great tool for saving a house as it enables you stop a pending foreclosure, pay off arrears interest free over a five year period and potentially eliminate your second mortgage, but you do not receive an absolute right to save your house by virtue of filing Chapter 13.

    9 lawyers agreed with this answer

  6. When would my inheritance from my mom be taken because of Ch. 7 bankruptcy?

    Answered over 1 year ago.

    1. Robin Kert Hunt
    2. Paula Brown Sinclair
    3. Thomas A McAvity
    4. Stephen Clark Harkess
    5. Gary D. Bollinger
    6. ···
    7 lawyer answers

    It sounds like your right to receive the inheritance has already vested and the fact that you have not yet received it is not going to help you. I am not at all familiar with the Colorado exemptions or how educational IRA deposits are treated there, or for that matter what other concerns would drive you to filing immediately, but I would consult with a qualified local attorney, not necessarily with an eye towards filing immediately, but to determine the most logical time to file and how to...

    9 lawyers agreed with this answer

  7. I got a settlement for lost wages and personal injury for pain & suffering.Can the trustee take the money. It took three years

    Answered almost 2 years ago.

    1. Stephen Nathan Doan
    2. Thomas A McAvity
    3. David J. McCormick
    4. Robert Bruce Kopelson
    5. Joseph Scott Wantland
    6. ···
    6 lawyer answers

    Depends on the applicable state exemptions or if you eligible for the federal exemptions. Hopefully you disclosed the asset at the time of filing and your attorney had the opportunity to protect it either fully or in large part.

    9 lawyers agreed with this answer

  8. Is it okay to write directly to a Bankruptcy Trustee, when you are in active BK and your lawyer disappears on you?

    Answered 10 months ago.

    1. Minh T. Tran
    2. Thomas A McAvity
    3. Dallas William Jolley Jr
    4. Gary D. Bollinger
    5. Robert Charles Russell
    5 lawyer answers

    You are certainly permitted to do so, but without knowing a thing about your case, it is pretty much impossible to determine whether it would be a good idea. I would encourage you to write an actual letter to your attorney raising your concerns rather than an email. I will say that usually the reason why attorney do not call back with updates is that there have been real developments since the last time you talked. This is often the case in Chapter 7 Asset cases, particularly those involving...

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Do I really need an attorney?

    Answered over 1 year ago.

    1. Thomas A McAvity
    2. Eric D Ridley
    3. Dorothy G Bunce
    4. Paul J Molinaro
    4 lawyer answers

    I would run not walk to a consumer law attorney in your area. My experience is that debt consolidations companies are pretty much a joke: They prey on consumers who believe that they are somehow doing better outside of bankruptcy by settling and paying off debts over the course of a couple years for less than face value. These companies will ultimately put together a couple deals in the beginning which look pretty impressive to you until one or more of the creditors refuse to sign on and then...

    8 lawyers agreed with this answer

  10. Bankruptcy so far hasn't helped me at all but anyway i filed in july and since then i have fallen behind even more so?

    Answered almost 2 years ago.

    1. Ashley Anne Digiulio
    2. Thomas A McAvity
    3. David Lloyd Merrill
    4. Jacques H. Geisenberger Jr.
    4 lawyer answers

    If you have fallen behind in your rent in the months after your case has been filed, you may face difficulty in having that debt added to your Chapter 13 case. In some jurisdictions, it is possible to add post-petition debt, but even in those limited circumstances, being able to do so hinges on the existence of pre-petition debt and a filed proof of claim for that debt that can amended to include post-petition debt. My guess is that your only real shot at eliminating your liability to your...

    8 lawyers agreed with this answer

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