Questions answered by Steven R. Neuner

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Can an attorney personally dismiss my chapter 13 case himself then call my creditors to tell them

Steven's answer | Answered on June 17, 2016

If you have an attorney, it is unethical for this attorney to be contacting you directly. Further, this attorney's conduct most likely violates the...

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Does a stipulation agreement with Plaintiff attorney give up my rights of Chapter 7 Bankruptcy?

Steven's answer | Answered on June 12, 2016

I agree with other answers, with one qualification. If you file bankruptcy, the creditor's attorney could use the non-dischargeability language as...

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I filed for bankruptcy in 2011 chapter 7 can I file for bankruptcy again now.

Steven's answer | Answered on April 18, 2016

I assume you received a discharge in the 2011 Chapter 7 case. If so, you could file a Chapter 7, but you would not get a discharge, which is the...

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Will creditors take money from inherited Ira if claiming bankruptcy

Steven's answer | Answered on April 07, 2016

New Jersey residents have greater protections than people in other states. Outside of NJ, Rob Braverman is correct. In New Jersey, any inherited...

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Is the IRA safe to finalize a Chapter 7 with personal tax returns but not corporate returns complete ?

Steven's answer | Answered on March 21, 2016

For New Jersey residents, IRA's are protected from any claim by a trustee or a creditor, except possibly the IRS. You really need to have your...

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Is it possible to have a mortgage and HELOC forgiven, keep the property, and able to sell the property to make a fresh start?

Steven's answer | Answered on March 12, 2016

I agree with Mr. Weitman. It is possible to have a second mortgage/HELOC removed in a Chapter 13 case, but only if the loan is secured by...

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Has enough time passed that they won't be able to "undo" this transfer?

Steven's answer | Answered on March 07, 2016

Creditors can get this transfer avoided and undone by filing suit under the Uniform Fraudulent Transfer Act. If you file bankruptcy, a trustee can...

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If he files for ch 13 bankruptcy and makes plan pymnts for 2 yrs, could he then convert it to a ch 7 bankruptcy in 2 yrs (2018)?

Steven's answer | Answered on February 26, 2016

Let's clarify. You can only get a Chapter 7 discharge if you did not get a discharge in a previous Chapter 7 filed within 8 years before the date...

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Am I going to have a problem getting a chapter 7 bankruptcy?

Steven's answer | Answered on February 19, 2016

None of these things are deal breakers. The recent cash advances could be treated as fraudulent unless they were more than 45 days ago. It will be...

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How to file a Motion for Modification to Purchase a Property in Bankruptcy - Chapter 13? What if homeowner doesn't help?

Steven's answer | Answered on February 12, 2016

My colleagues are right. Buying real estate in a bankruptcy is possible, but you must do all the proper due diligence before doing anything. Have...

Steven R. Neuner's Answers (276)

Can an attorney personally dismiss my chapter 13 case himself then call my creditors to tell them

Does a stipulation agreement with Plaintiff attorney give up my rights of Chapter 7 Bankruptcy?

I filed for bankruptcy in 2011 chapter 7 can I file for bankruptcy again now.

Will creditors take money from inherited Ira if claiming bankruptcy

Is the IRA safe to finalize a Chapter 7 with personal tax returns but not corporate returns complete ?

Is it possible to have a mortgage and HELOC forgiven, keep the property, and able to sell the property to make a fresh start?

Has enough time passed that they won't be able to "undo" this transfer?

If he files for ch 13 bankruptcy and makes plan pymnts for 2 yrs, could he then convert it to a ch 7 bankruptcy in 2 yrs (2018)?

Am I going to have a problem getting a chapter 7 bankruptcy?

How to file a Motion for Modification to Purchase a Property in Bankruptcy - Chapter 13? What if homeowner doesn't help?