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Robert W. Kovacs Jr.
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Robert Kovacs’s Answers

546 total


  • Is there anyway to dismiss student loans via bankruptcy.

    I have been on a long term disability for about for about 2yrs waiting on the decision on my from social security. I have over $100,00.00 in student loans for which i do not have a finished degree. Over the years had been attending those vocation...

    Robert’s Answer

    Good afternoon. Student loans are very challenging to discharge in bankruptcy. After you file your initial bankruptcy case you would then be required to file an adversarial proceeding to discharge the student loans.
    In addition to bankruptcy you may want to look into non-bankruptcy options. With federal loans you may be able to apply for income based repayments, which can be $0 or an administrative discharge with social security.
    You may also want to contact your congressman and senator to tell them about your struggles.

    All my best,

    Robert Kovacs

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  • Do I have to file for bankruptcy?

    Hi my bf. Has a suspended lisence do to court fines and tickets ...some have been sent to collections some have not. His court appointed Lawyer told him to file for bankruptcy but that's all he has is those fine/tickets he doesn't have any other d...

    Robert’s Answer

    You should meet a bankruptcy lawyer. Government fines may not be chargeable.
    11 USC 523 -
    (a) A discharge under section 727, 1141, 1228(a), 1228(b), or 1328(b) of this title does not discharge an individual debtor from any debt—(7) to the extent such debt is for a fine, penalty, or forfeiture payable to and for the benefit of a governmental unit, and is not compensation for actual pecuniary loss, other than a tax penalty—

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  • Is the statue of limitations for debt in Massachusetts 6 years after the last payment or after debt is sent to collection?

    Have been contacted by an individual who has not identified their employer regarding a debt I allegedly owe. Individual would not provide date of debt origination when asked.

    Robert’s Answer

    MGL c. 260 § 2 provides:
    Actions of contract, other than those to recover for personal injuries, founded upon contracts or
    liabilities, express or implied, except actions limited by section one or actions upon judgments or
    decrees of courts of record of the United States or of this or of any other state of the United
    States, shall, except as otherwise provided, be commenced only within six years next after the
    cause of action accrues.

    Six years is correct. You typically start counting from the default.

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  • Do I need to mail my creditors on my amended schedules B, C E and F

    I had my Social security #s on sched E and F And I used a wrong amount on my schedules B and C. I am not adding a creditor. It's chp7 bankruptcy w/no assets. Do I have to send the amended documents to all my creditors? I haven't received any reque...

    Robert’s Answer

    Here in Mass, Yes,

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  • Married into HUGE DEBT and I want out oh yeah I was sued too because of my husband and now I owe 8 Million dollars. HELP!

    When my hubby and I were dating I opened a company in my name to run his biz through because he was married and didn't want his wife to know he was planning on leaving her. I was unaware he owed 2 million in judgements. After we were married the ...

    Robert’s Answer

    Bankruptcy will likely discharge your debt, so long as there was no fraudulent intent at the time it was incurred. Often times a failed business can lead to bankruptcy. You will want to consult with a local bankruptcy lawyer to learn how bankruptcy will work for you.

    99% of individuals filing for bankruptcy have a no asset case. This means that you will retain all your property through the bankruptcy. A local lawyer will be able to make sure you are not in the 1% that loses an asset.

    Good luck,

    Robert Kovacs

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  • Small Claims/Bankruptcy - Defendant filed for bankruptcy a week prior to our small claims case, what are my options now?

    Suing for $2,000. I just found out that he filed chapter 7. Our case was scheduled to be tried next week. Any recourse I can take. Appreciate your time.

    Robert’s Answer

    I am sorry to say that you will likely have to voluntarily dismiss the Small claims action. You can do so without prejudice so that if debtor does not receive a bankruptcy discharge you can then re-file.
    As for the bankruptcy, you will have a limited amount of time to object to the discharge of your debt. The grounds for objecting are limited, and the litigation likely very lengthy and expensive.
    Good luck,

    Robert Kovacs

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  • My storage unit is being auctioned off in Ga. tomorrow. I am in Mass.right now. If I go file bankruptcy today can I stop it?

    Please help me with my question.

    Robert’s Answer

    The automatic stay would likely prevent any action against your property. Unless you come up with money to pay the arrears then the bankruptcy will likely be only a temporary measure.

    Also, as another attorney pointed out, you may have to file back in GA or another state.

    I hope this has all worked out for you,

    Robert

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  • Is it possible to negotiate a decrease in monthly payment for a chapter 13 repayment plan?

    My income has decreased since I filed for ch 13. I've been making payments for 6 months.

    Robert’s Answer

    I rarely think of your chapter 13 plan payment as a negotiation. I think of it as telling your creditors what they get. This shifts a lot of power from creditors to you the debtor.

    In answer to your question, it is possible to lower your plan payment over the course of your chapter 13 plan if your income goes down or your expenses go up. However, your plan will need to pay a certain minimum to unsecured creditors and other claims in full, such as priority tax obligations, secured claims, and administrative claims.

    In most of the case that I help people with the chapter 13 plan payment is already at those minimums so there is no ability to shift the plan payment down.

    In your case it is best to talk to your lawyer to see what can be done.

    Good luck,

    Robert Kovacs

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  • I filed chapter 13 bankruptcy 2 yrs ago but now have incurred other medical bills.

    these bills are sending me letters saying they are going to get a judgement or garnish wages can they do this before the discharge date in a few yrs??

    Robert’s Answer

    In your case the stay would not apply to you. But here in Massachusetts I would argue that since the property of the estate does not vest to the debtor until the case is closed, then the creditor may not proceed against estate property without proper relief.
    Now none of this helps you stop the collection letter or calls, but it may help prevent a wage garnishment.

    Talk to your lawyer about your options in your jurisdiction.

    Good luck,

    Robert Kovacs

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  • After my atty was paid 4,000 in my Ch 13, I told him that I was unhappy with his services and he responded by filing a bill

    He is now my largest creditor, and his payments have taken priority over my home mortgage. I would not mind if he earned it. He actually failed to do many things he should have done and also has done very little. He inflated a new bill of 5,000 wh...

    Robert’s Answer

    I am sorry to learn of your problems with your attorney. I hope you are not soured to all lawyers because of this. As you can see here on Avvo many lawyers offer their time for free to answer questions.
    (1) Your lawyer is not a creditor; rather he is getting paid an administrative claim. In many, if not most, cases this payment does not affect your overall plan payment but rather reduces the amount to your unsecured creditors. This claim does get paid over the first 12 months of the plan. Typically, I find this system to be better for debtors, as it allows the debtor to pay the lawyer over time. In some cases, like that of a home foreclosure, a debtor may not have time to save up to pay the lawyer, so if not for the administrative claim the debtor may not find a lawyer due to the upfront fee.

    (2) You mention that your lawyer was “reprimanded” for his conduct in your case. This could mean a lot of different things. But I would suggest two things, (1) your can contact the United States Trustee or (2) contact your local bar association to discuss the problems in your case.

    (3) Finally, I am sorry to learn that my brother or sister has not returned your messages. One of the common complaints about lawyers is that they do not return messages. This drives me crazy and I cannot explain it. If you think it is necessary see my answer to no. 2.

    Good luck,

    Robert Kovacs

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