Questions answered by David John Rausa

Archived

Is it possible to switch from ch. 13 bankruptcy to Ch. 7, or discharge from Ch. 13 early?

David's answer | Answered on October 08, 2015

As the other attorneys have mentioned, you can convert the case to one under Chapter 7. However, the value of all your assets and any life...

Archived

I had 2 abstract judgements put on my property by credit card companies both judgement were discharged in my bk how do I get th

David's answer | Answered on October 07, 2015

There is a difference between your personal liability on a debt, and a lien on real property. The debt as to you is discharged in the bk, however,...

Archived

Is a creditor s meeting in bankruptcy considered to be a "official proceeding"u under 18 usc 1512-13?

David's answer | Answered on October 07, 2015

Once you are sworn in, you have to testify truthfully. There are penalties for not doing so, $500k fine and up to 5 years in prison. Do not mess...

Archived

Consolidated Student Loan Forgiveness, Cancer Patient with Diabetic Type II and Peripheral neuropathy.

David's answer | Answered on October 07, 2015

Based on your physical condition, there is a way to have your student loan administratively discharged. The first step is to obtain the correct...

Archived

Has any attorney on this site been successful in getting student loans dismissed when filling for bankruptcy?

David's answer | Answered on October 07, 2015

I have had success in bankruptcy cases dealing with student loans. The dischargeability of student loans in a bankruptcy case are fact specific....

Archived

New income in chapter 7 bankruptcy

David's answer | Answered on October 06, 2015

All income has to be disclosed at the time of filing. If you income changes after the case is filed, then that is one thing, however, if your...

Archived

Jurisdiction

David's answer | Answered on October 05, 2015

Yes. That is proper Jurisdiction. The venue may be improper. I would be concerned with responding to the lawsuit. Perhaps a free consultation with...

Archived

If my bank foreclosed on my condo, can my HOA try to collect on unpaid fees?

David's answer | Answered on October 05, 2015

Unfortunately, HOA fees are due by the owner until such time as the foreclosure process is complete. Depending on the amount of HOA dues, these...

Archived

What to do if the credit card company asking for default judgement and claims they served me with papers, but never did?

David's answer | Answered on October 05, 2015

As some of the other attorneys have stated, service often times never happens. Additionally, you cannot expect any help from a court clerk as they...

Archived

Ex Spouse had medical bills before divorce. Am I liable if he declares bankruptcy?

David's answer | Answered on October 01, 2015

Medical debt is typically the responsibility of the party who has received the services. If you did not sign a personal guarantee for these bill,...

David John Rausa's Answers (2016)

Is it possible to switch from ch. 13 bankruptcy to Ch. 7, or discharge from Ch. 13 early?

I had 2 abstract judgements put on my property by credit card companies both judgement were discharged in my bk how do I get th

Is a creditor s meeting in bankruptcy considered to be a "official proceeding"u under 18 usc 1512-13?

Consolidated Student Loan Forgiveness, Cancer Patient with Diabetic Type II and Peripheral neuropathy.

Has any attorney on this site been successful in getting student loans dismissed when filling for bankruptcy?

New income in chapter 7 bankruptcy

Jurisdiction

If my bank foreclosed on my condo, can my HOA try to collect on unpaid fees?

What to do if the credit card company asking for default judgement and claims they served me with papers, but never did?

Ex Spouse had medical bills before divorce. Am I liable if he declares bankruptcy?