Skip to main content
Michael B Feinman
Avvo
Pro

Michael Feinman’s Answers

15 total


  • Can a defendant, who owes financially on a N.H. judgment, file for bankruptcy to get out of the debt?

    Is there a process to work out a payment plan if the defendant owing the judgment files for bankruptcy?

    Michael’s Answer

    The answer to the question is that bankruptcy "maybe" allows a judgement debtor to walk from a judgement. There is not nearly enough information to answer your question, but certain types of debts will not go away in bankruptcy if you timely prove the debt to be of that type. There is a process to do that, and it is time consuming and expensive. So, if you are interested in pursuing the matter, you definitely need to talk to an attorney, and soon because there are very short time deadlines involved.

    See question 
  • In MA, how long do you have to reside in the state before you can file bankruptcy? Can i file bnkcy on out of State tax lien?

    I have about 10 creditors, secured loan and tax liens....will it be wipe out in bkcy? how long does it hurt my credit or before my credit begins to improve?

    Michael’s Answer

    The location of the creditor is irrelevant to the question of filing bankruptcy "on a creditor". Your location is important, and you must have resided in one state for the greater part of the last 180 days before you file.

    See question 
  • Is it illegal to file bankruptcy if your house is about to go for auction and you want to stop it?

    had an accident 4 years ago and out of work. still have this case pending but can pay bills and my homeis about to go to auction. I don't want to be homeless.

    Michael’s Answer

    The bottom line is that you want to protect your house. Bankruptcy is the most obvious option, but there are other options too. To give you detailed advice without knowing more about your situation would be foolish for any professional. You need to see an attorney as soon as possible. For some people, bankruptcy is capable of doing more harm than good, and that cannot be known without your consulting with an attorney.

    See question 
  • Reverse mortgage and bankruptcy

    i have a reverse mortgage on my home. I believe there is still equity in it. I need to file for bankruptcy. How will this affect my home?

    Michael’s Answer

    The short answer is, as you have seen by the other answers, is that you can file bankruptcy with a reverse mortgage. The mortgage itself is probably not the main issue, however. There's lots of other factors to consider. Contact a lawyer who focuses on bankruptcy to help you.

    See question 
  • My Company established in Florida was sue by a distributor in Massachusetts for unpaid invoice.

    We negotiated with an agent of a winery in Italy to buy their product in Florida, his agent offer to send some inventory to us from Massachusetts to accelerate process of selling products in FL. The negotiation was done in FL and products where sh...

    Michael’s Answer

    The unfortunate part of this is that you will need to defend yourself in one form or another. There are different methods of fighting jurisdiction, but the safest way is to hire someone here in Massachusetts to deal with it. So, while you could wait for them to chase you in Florida, that is not generally the recommended course of action. Please feel free to contact my office, as we do handle a large number of matters such as this.

    See question 
  • Can I file for chapter 7 Bankruptcy, even though I'm current on my bills?

    I'm current on my bills every month but my bills are outweighing my income.. I pay about $3000 dollars a month in bills, including mortgage, credit cards, etc. , but take home an average of $2800 a month, not including everyday expenses, such as f...

    Michael’s Answer

    There are rules in place since changes to the law in 2005 that will affect whether or not you can file chapter 7. But the fact that you are current on bills does not impact your ability to file some form of bankruptcy. More information is needed.

    See question 
  • My investment property is taking too long to foreclosure and the condo association is already filing a law suit against me.

    do you think a possible short sale alternative would be better than waiting for it foreclose? and would I have tax consequences if I file for bankruptcy chapter 13? Another concern that I have is regarding my tenant. Should keep them in this prope...

    Michael’s Answer

    You don't say why it is that the foreclosure process is taking "too long". If you are filing a bankruptcy anyway, it is generally - but not always - better to dispose of the investment property first. A short sale is almost always worth pursuing, but there are exceptions to that as well. The solution that works best for you requires a more in-depth factual review. You definitely need the assistance of a lawyer to let you know all of the potential consequences.

    See question 
  • Non Evidentiary Hearing, Adversarial Proceeding, Bankruptcy

    I was served with an AP in my chapter 7 bankruptcy where the Plaintiff declared (1) 523 (a)(2)(a); (2) 523 (a)(6), and tortious interference. I responded with Ashcroft v. Iqbal among other defenses as the Plaintiff;s claim was boiler plate and ...

    Michael’s Answer

    You need to hire a lawyer for assisting you. I don't know that any responsible lawyer would attempt to answer your question with specifics, since most questions on this site are general in nature, and not relating to issues such as this. From your statements, it sounds as though you have enough knowledge to hurt yourself, so you should get professional advise quickly.

    See question 
  • What happens to our home and car if we file for Bankruptcy?

    I became unemployed through no fault of my own(company downsized) and have been on unemployment since June of 09. My wife is a current surgical tech student who graduates in June of this year.We are very heavily in debt from credit cards and other...

    Michael’s Answer

    Just because you file bankruptcy does not mean that you have to lose your house. In fact, in many situations, and especially one such as described by you is where bankruptcy makes it easier for you to keep your house by allowing you to get rid of all of your unsecured obligations which are dragging you down. The first piece of information that any bankruptcy lawyer will need from you is the current value of your house (to be determined by a real estate professional) and the amount of your outstanding mortgage balances. With that information, as well as other information, a bankruptcy can be of some benefit to you.

    See question 
  • Can they sell my house for an unsecured debt?

    an unsecured personal loan where I owe about $23k has filed a lien against my house which stated they can sell my house to recover the money (I am current on my mortgage payment). can and will they sell the house? what repercussions do I have? ...

    Michael’s Answer

    There are a lot of facts that need to be known to fully answetr your question. I would need to know: (1) are you the only owner of the property, (2) do you already have a homestead declaration, (3) what is the value of the property and the amount of any senior mortgages, and (4) did you own the property at the time that the lien went on? Chances are you will be fine after going through a bankruptcy and will likely be able to get rid of the lien, but you should seek counsel to assist you.

    See question