Archived
Why are lawyers reluctant to defend foreclosure actions as being illegal when the banks have not proved authority?
Michael's answer
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Answered on June 30, 2014
We have successfully, in several cases, stopped banks from foreclosing after establishing to the court that the bank lacked standing because it did...
Archived
If you file for bankruptcy after being sued, can money that you received from a divorce settlement be taken to pay those ppl...
Michael's answer
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Answered on June 30, 2014
Money received in a divorce settlement in the scenario you describe is considered part of your bankruptcy "estate" and could be used, at least in...
Archived
After making the last payment for Chap 13, is a new credit report pulled before final discharge?
Michael's answer
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Answered on June 29, 2014
Credit reports have nothing to do with the legal aspects of your bankruptcy. Neither the judge nor the trustee will order or even look at your...
Archived
Are student loans or can student loans be included in bankruptcy? how much does bankruptcy cost? or hiring a lawyer to do so?
Michael's answer
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Answered on June 22, 2014
Discharging student loans is very difficult under the Code, but not impossible. There are other approaches as well, such as setting up a chapter...
Archived
Are there any options other than bankruptcy? I heard of consolidating your debt. I don't know if there are any realistic options
Michael's answer
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Answered on June 22, 2014
There is nothing like a nice clean bankruptcy to put your mind at ease. Speak to an experienced bankruptcy attorney at your earliest convenience;...
Archived
Bankruptcy
Michael's answer
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Answered on June 08, 2014
If your case is still open, the answer is yes. If your case is closed, your attorney could make a motion to re-open the case, in order to...
Archived
What usually happens if you opt to settle an adversary complaint outside a Chapter 7 Bankruptcy?
Michael's answer
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Answered on June 08, 2014
If you are actually in a chapter 7 bankruptcy, you will need to advise the trustee about this proposed settlement. The trustee has control of the...
Archived
My employer filed ch 11 bankruptcy in NYC. What are the legal requirements to pay for accrued vacation?
Michael's answer
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Answered on May 19, 2014
If you accrued vacation time is considered wages, then that is a priority debt. However, in the context of a chapter 11, this could be negotiated....
Archived
Specifically for Suffolk County, NY - what is the eviction process/rights of the homeowner being evicted following foreclosure?
Michael's answer
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Answered on May 18, 2014
If you do not want to vacate your home, I suggest you immediately consult with a qualified attorney experienced in mortgage foreclosure defense,...
Archived
Am I going to face a lot of complications with this name change?
Michael's answer
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Answered on May 18, 2014
A name change should not impact any ability to borrow money. When applying for a loan, you will be asked if you used any different names in the past.
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