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Frank Paul Pipitone

Frank Pipitone’s Answers

34 total


  • I just retained an attorney for a Ch 7, and now reviewing his agreement. I will give up my home. It states: (little shortened)

    Frank’s Answer

    I can't speak on the entire retainer agreement but I think the items mentioned here in the "extra fee" section are typical. Bankruptcy does not get rid of judgments or avoid liens. This is typically done by a separate motion to the bankruptcy court if even possible. Some bankruptcy attorneys will require additional fees for these services. I suggest that you talk directly to your attorney about the retainer. In fact, these questions should have been posed to your attorney before signing the retainer. I require all my clients to read the retainer before signing and encourage questions.

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  • I loaned a friend and her son money to buy a car. My friend filed Chapter 7, her son did not. I would like to know my rights.

    Frank’s Answer

    The automatic stay prevents you from going after the Mother for repayment. Her obligation on this note will be discharged assuming the bankruptcy goes through. It does not impact your ability to go after the son.

    I suggest you contact an attorney to draw up a reaffirmation agreement and/or to make a motion to lift the automatic stay as they are behind on payments. You will have the right to repossess if payments are not made and/or the debt is not reaffirmed.

    You should really speak to an experienced bankruptcy attorney on this.

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  • In the process of a bankruptcy foreclosure (NY State), I do not want to redeem the home. Do I answer the summons?

    Frank’s Answer

    It does make sense to fight for it because at the minimum, you buy yourself some extra time by answering the summons and complaint. If you do nothing, a default judgement will be entered against you.

    I'm not sure of the timing of this matter, but the bankruptcy filing will have put a "stay" on the foreclosure proceeding.

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  • I have a promissory note from my daughter and her soon to be ex. They filed bk in 2009; and I was not listed as a creditor.

    Frank’s Answer

    The answer to this question depends on a lot of factors, but most likely, your debt was discharged with all of their other debts (assuming the case was discharged and closed).

    Were there any assets distributed to creditors in this case? If so, you may have an argument to recover considering you did not receive proper notice.

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  • Tenant filed Ch 7 then two weeks later sent me and email stating she was vacating the property.

    Frank’s Answer

    I will preface my reply with the fact that I know nothing of MD landlord/tenant laws.

    I will say that this may be a violation of the automatic stay in bankruptcy. The complaint would be a violation of the stay filed in the bankruptcy court.

    I would say you should consult with an experienced bankruptcy lawyer to at least discuss the possibility of a stay violation.

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  • I have been regular in Rent payment. . I may break lease. Can landlord take my belongings after I file Chapter 7,

    Frank’s Answer

    I agree with Ray in that you do have the option of "rejecting" the lease through the bankruptcy process. This essentially means that you can "break" the lease with no legal or financial consequence.

    As of the date of filing, the landlord would be "stayed" from taking any action against you. Going into your apartment to "take your possessions" is unlikely and could be criminal. Still, some people live and act below the law and if you are concerned about this, be sure to at least move your stuff that you are concerned about.

    I practice in New York, a very "tenant friendly" state and I am not sure about landlord/tenant laws in Georgia so I suggest contacting a local bankruptcy attorney to discuss this matter further if you have not already.

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  • I filed for chapter 7 and had it discharged 8/2010. I still have tax debt of $58k. Can I file for chapter 13?

    Frank’s Answer

    I don't feel comfortable saying you can "get rid of" the tax debt in the Chapter 13 Bankruptcy, but you can certainly file the chapter 13 bankruptcy to pay back either a portion or all of the tax debt.

    Whether or not you are able to discharge a portion of the tax debt will depend on the claim put in by the taxing authority and when you chapter 13 case is filed.

    You really need to speak to an attorney about this.

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  • Chapter 7 Bankruptcy attorney not filing case.

    Frank’s Answer

    Where I practice, official notice of filing is sent out by the court approximately 7 days after the filing date. You should receive notice directly from the court.

    You can call your attorney and ask for your case number and filing date. I'm not sure that the attorney has done anything wrong, but may have delayed your filing for certain reasons.

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  • Chapter 7 Bankruptcy Final Decree. I'm the client-I just opened a Pacer account of my own. Want to fully understand what I see.

    Frank’s Answer

    I'm confused what your lawyer was trying to charge you for? Answering your question after your case is over?

    In any event, without looking at the docket report, I would say "Yes," you are done.

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  • I had a BK about 8 yrs ago and just received a class action settlement for $5k which went to the BK Trustee. Anything I can do?

    Frank’s Answer

    When you file bankruptcy, all of your assets become part of the "Bankruptcy Estate." You can read about the "estate" in this post:

    http://fpbankruptcylaw.com/spending-time-at-the-bankruptcy-estate/

    Basically, when you filed bankruptcy, any potential settlement you may have received from the class action lawsuit is part of the estate and therefore, goes to the trustee when received. Where you filed is only important for exemption purposes and therefore, you should contact the attorney that handled your filing to see if there was any possible way to exempt this settlement.

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