Questions answered by Matthew Scott Berkus

Archived

Whose attorney is responsible for filing the order for administrative closing. My bankruptcy attorney or the creditors attorney?

Matthew's answer | Answered on March 26, 2013

If you are talking about the administrative closing of your BK, that usually happens automatically (unless Michigan has some arduous procedure...

Archived

If I make too much (money), can I get out of a bad real estate investment?

Matthew's answer | Answered on March 26, 2013

If you make too much money, then generally, your option is to settle when the time comes. No loss mitigation programs, either internal bank...

Archived

I was a co-applicant for a line of credit with a supply company with my husband for his construction business in 2004.

Matthew's answer | Answered on March 26, 2013

Based on the bare facts you describe, you are probably liable. You are basically a co-debtor for all debts to this company. Your marital...

Archived

Being sued by Capital One(Nelson & Kennard) for outstanding credit card debt. Last payment was 12/08. SOL in Ca is 4yrs but 3 Va

Matthew's answer | Answered on March 26, 2013

Nope, the SOL law that applies is where the defendant resides. Sorry. So, assuming you reside in CA, CA's SOL applies. Reason being, it is the...

Archived

I have a 12 year old tuition debt (not a student loan) that has been handed over to the state of Michigan. Can they collect?

Matthew's answer | Answered on March 26, 2013

My guess is, what they are doing is perfectly legal. However, the answer lies in your state's law. I am assuming you want to a State school, as...

Archived

Debt collection case: Asset acceptance has contacted me 5 times after 9pm and before 8am in violation of the FCCPA

Matthew's answer | Answered on March 26, 2013

Then you should use the Find a Lawyer section of this website and find a lawyer in your state to sue. I am not a FL attorney, but based on the...

Archived

How do I get out of a debt I co-signed for.

Matthew's answer | Answered on March 26, 2013

The same way the borrower would get out of debt, pay it, work out a payment plan, settle it, or file bankruptcy. Now, if you are disability and...

Archived

If a signer on a car files bankrupt and included the car debt in the bankruptcy doies the co-signer still have to pay?

Matthew's answer | Answered on March 26, 2013

I am going to make a few assumptions to clarify the situation. Dad files bankruptcy in 2006. Dad discharges his obligation on the car loan and also...

Archived

If I want to sue the college I went to, in order to erase student loans.

Matthew's answer | Answered on March 24, 2013

This area of law is very technical and few attorneys do it. (I do it). However, keep in mind that the issue with school's potential unfair and...

Archived

What percentage of people have trustee sale recinded in Ca? What is fair cost to attny 4 this, postponing eviction and negotiati

Matthew's answer | Answered on March 23, 2013

If the foreclosure was non-judicial (which most are in CA), the debtor has no right of redemption. Which means that once the foreclosure sale...

Matthew Scott Berkus's Answers (15939)

Whose attorney is responsible for filing the order for administrative closing. My bankruptcy attorney or the creditors attorney?

If I make too much (money), can I get out of a bad real estate investment?

I was a co-applicant for a line of credit with a supply company with my husband for his construction business in 2004.

Being sued by Capital One(Nelson & Kennard) for outstanding credit card debt. Last payment was 12/08. SOL in Ca is 4yrs but 3 Va

I have a 12 year old tuition debt (not a student loan) that has been handed over to the state of Michigan. Can they collect?

Debt collection case: Asset acceptance has contacted me 5 times after 9pm and before 8am in violation of the FCCPA

How do I get out of a debt I co-signed for.

If a signer on a car files bankrupt and included the car debt in the bankruptcy doies the co-signer still have to pay?

If I want to sue the college I went to, in order to erase student loans.

What percentage of people have trustee sale recinded in Ca? What is fair cost to attny 4 this, postponing eviction and negotiati