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Robert N Braverman
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Robert Braverman’s Answers

115 total


  • If I file bankruptcy will all assets have to be listed, for example I have a car payment, but I need my car.

    I am recently a 39 year old widow. There is no life insurance. He has individual debt as do I , we have a mortgage that I am unable to pay monthly. I do work, but my salary is not enough to meet the mortgage and monthy expenses.

    Robert’s Answer

    You do need to list all assets and debts. However you can keep your car and typically you will not lose assets. Court will look at equity in assets and income compared to expenses to determine if you can eliminate the debt

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  • Can a creditor collects money after an individual have filed for Bankruptcy? Can a creditor have a bankruptcy case challenge?

    I recently filed for Bankruptcy, 2 months later I got a letter on the mail saying that one of my creditors is challenging my case, using rule 2004 examination? Can anybody tell me what this is? Also, my attorney is asking for another substantial...

    Robert’s Answer

    A creditor does have a right to take your deposition to determine whether your bankruptcy schedules accurately reflect your assets and to determine whether there is a basis to object to your ability to discharge their claim or all of your claims. Even when a bankruptcy is filed, you must still meet certain obligations before you can receive your discharge. The creditor's ability to object is somewhat limited, so just because they are taking your deposition does not mean in the end you will not be able to obtain discharge.

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  • Can you file bankruptcy if in criminal court?

    I have a friend that is in a situation, my brother is in over 26k personal dept with credit card company and other bills that are in collections. He is about 66K in dept including student loans. The major problem is he is in criminal court for "ba...

    Robert’s Answer

    Your friend can file bankruptcy, but that does not necessarily solve his problems. It will not stop the criminal matter from going forward against him. Any award of restitution would not be eliminated in bankruptcy. In addition, the creditors that were defrauded can object to their claims being discharged in bankruptcy. It may be a circumstance where bankruptcy can be filed to eliminate some of the debts which will make it easier to address any claims that are not dischargeable. Your friend should consult with an experienced bankruptcy attorney to see if bankruptcy makes sense.

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  • Will creditors take money from inherited Ira if claiming bankruptcy

    Beneficiary of 401a I'd I rollover to ilunherited Ira to

    Robert’s Answer

    The ability to exempt an inherited IRA depends on whether it is inherited from a spouse or someone else. The Supreme Court ruled that an IRA inherited from a parent is not protected. However, since then several courts have said if inherited from a spouse it is protectef

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  • What happens with real estate when you file for bankruptcy?

    I have just recently bought a house (my parents are paying for it). It's in my name. It technically isn't mine yet because there is still a balance on the mortgage but I'm doing owner financing. I want to file for bankruptcy but scared they will t...

    Robert’s Answer

    Owning real estate does not prevent you from filing bankruptcy nor does it mean you will lose your house. You are allowed to protect some equity in your home when you file a bankruptcy. Your circumstances raise some additional questions such as whether the mortgage on the house is in your parents names or whether they are holding the mortgage and if they are did they properly record the mortgage. I would suggest you consult with experienced bankruptcy attorney to determine whether bankruptcy would work for you.

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  • Are federal taxes dismissed through bankruptcy after a certain amount of time has lapsed?

    I have been on a payment plan with the IRS for several years. I was told that if the IRS fails to collect taxes due for a certain year and five years have passed, those taxes are no longer collectible if I file for bankruptcy.

    Robert’s Answer

    In certain circumstances the answer is yes. It depends on a number of factors. For example is it personal income tax or is it personal liability on some other tax such as 941 taxes. In addition, has the internal revenue service filed a federal tax lien. If they have, and there is equity in the assets for the lien to attach, then even if the tax would have been dischargeable because of its age it would not be eliminated as a lien on your property. The bottom line is older taxes may be dischargeable, but you need to consult with an experienced bankruptcy attorney to determine whether they would be in your particular case.

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  • Chapter 7 bankruptcy

    Can I file and get chapter 7 bankruptcy while working part time. Grossing 900 a month?

    Robert’s Answer

    Courts look at income and expenses as well as assets and liabilities among other things to determine eligability. Assuming you have living expenses, I would not anticipate your income would prevent you from filing chapter 7. I suggest you contact an experience bankruptcy attorney to discuss.

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  • Individual Chapter 11 (don't qualify for 13) and existing car lease

    If I file Chapter 11 as an individual and want to turn in my car lease, will it negatively impact the person who co-signed with me? He didn't file for bankruptcy (we're not married) but he is on the lease as well. I had never been late so there's ...

    Robert’s Answer

    Not only will it negatively impact his credit, but the leasing company will be able to sue him for any deficiency claim. I suggest you consult with an attorney that has experience in representing individuals in personal Chapter 11 cases, as their are a number of issues to deal with beyond what would be required in a Chapter 13 bankruptcy.

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  • What happens when I file bankruptcy while still have a job?

    Would my creditor just took All of my income?

    Robert’s Answer

    No. You are allowed to have a job and file bankruptcy. The court will consider the equity in assets and income compared to expenses among other things in determining whether you can eliminate your debt or whether you need to pay something to your creditors. Many bankruptcy attorneys will provide a free consultation to help you determine your eligibility

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  • Will the Trustee sell my home when I file for Chapter 7 Bankruptcy?

    I'm behind in my mortgage for about 5 years and I like to file Chapter 7 Bankruptcy since I owe about $400,000 and the current value of the home is about $220,000. If I don't re-affirm the mortgage, will the Trustee attempt to sell my home or will...

    Robert’s Answer

    The Chapter 7 will actually slow down the foreclosure since it cannot proceed while the bankruptcy stay is in effect. A creditor would need to ask court for permission to continue or wait for end of case. Trustee will generally not try and sell since there is no equity. Trustee job is to sell asset if sale will result in payment to creditors, which would not happen here.

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