Pennsylvania Bankruptcy Legal Questions

While inquirers understandably want a specific answer, this question requires more information.  Specifically, I, or any advising counsel, would need to review the stipulation. Having said that, the bankruptcy court usually retains jurisdiction to enforce any such stipulation.  If the creditor claims a default and wishes to enforce, he would have to file a motion to reopen the bankruptcy case for the specific purpose of enforcement.  That would be filed in NJ and NJ counsel would be required at that time.  If the creditor does not follow the proper procedure, he may seek to sue or enforce where you live in PA.   Coincidentally, I was approached by a long time referring attorney (CL in Lansdale) who has a client with a similar issue.  So, that is either an amazing coincidence or I am already aware of the issue and periodically checking on it. I trust this answers your questions but do not hesitate to reach out to me on a free initial basis. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

I also charge $2,000.00 for a standard Chapter 7 which has been routinely approved by the bankruptcy court and trustees.  Accordingly, I strongly believe it is a reasonable fee. That fee does not depend on the amount of debt so that a client could discharge anywhere from $20,000.00 which is only a 10% fee, to $2 million or infinity.   The concept is that clients do not have the ability to pay all their debts when they become due, but should have enough either in savings or from friends and family to afford the one time fee.  Moreover, many of my clients pay over time with the understanding that the case cannot be filed until all fees and costs have been paid.  As long as there is no rush, even if it takes a year to remit the fee, relief can be obtained. If the debt is less than $20,000.00, I consider reducing the fee to survive the cost benefit analysis even though I receive less funds for the same work. I trust that has been helpful, but you are welcome to call or email on a free initial basis. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com... Read Answer

I appreciate your effort at trying to explain the situation, but I naturally have more questions which are best answered in a free initial consult.  My advice will depend on the answers.  Generally, if the property was transferred out of your name, it is not property of the estate and the debt is not secured as to you.  In that event, there is no reason why you cant file Chapter 7. Feel free to call or email on a free initial basis. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

There is a fee to reopen a bankruptcy case which is accomplished via Motion.  Was the personal injury case pending when the case was filed?  If so, and you are the debtor, all you need do is present the same to the trustee who may file such a motion for you. I trust this answers your questions, but you are welcome to call or email me on a free initial basis.     Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

There is a difference between loan modification and refinance.  The former may be effected by a Chapter 7 discharge, while the latter should not.  If you obtained a discharge without reaffirming the debt, some mortgage companies will refuse to consider a loan modification.  Based on your description, it does not seem likely you are referring to a loan modification as that will only be considered if you are delinquent.  You stated you are current and have always been so.    By contrast, a refinance does not necessarily involve the existing lender as you can obtain a new loan from any willing new lender.  If your existing mortgage company refuses to consider a refinance based on the lack of reaffirmation, the simple solution is to seek another lender. I trust this answers your questions but do not hesitate to call or email me on a free initial basis. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer

The bankruptcy court website has instructions for obtaining copies.  Alternatively, most, if not all, bankruptcy practitioners subscribe to the Electronic Case Filing (ECF) system which maintains all such records.    I trust this answers your questions and feel free to call or email on a free initial basis.       Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer

Disability income is exempt under state law, so that the account should be unfrozen within 30 days of sharing that information with the creditor.  Having said that, a bankruptcy will prevent them from taking any money, whether exempt or not.  However, filing a bankruptcy requires payment of the fees and costs before filing, which seems like an issue if the account is frozen.   I trust this answers your question, and, if you live in the Delaware Valley, do not hesitate to call or email on a free initial basis. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer

  Chapter 13 bankruptcy is a wonderful tool which allows a homeowner to repay the arrears over a 5 year plan, while forcing the mortgage company to accept payments after filing.  I do recommend retaining an attorney as bankruptcy does not lend itself to self representation.  It is possible for a person to represent themselves, but an attorney easily satisfies the cost benefit analysis. However, my first suggestion for anyone who is delinquent in their mortgage is to pursue a loan modification.  That is different from a refinance in that it is the same loan, same company, but they merely restate the terms.  Arrears are often deferred and monthly payments reduced.  I trust this answers your questions and, if you live in the Delaware Valley, feel free to call or email me on a free initial basis. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer

Chapter 13 Bankruptcy is a powerful tool enabling homeowners to cure mortgage defaults and keep their homes.  However, as you observed, it does require a financial commitment.  The plan payment is determined by several factors, only one of which is the amount of the default. If you have equity in your home over and above the liens, any such liens, other than the mortgage, must be paid in full during the plan.  If you do not have equity, the judgment liens may be crammed down and converted to unsecured debt.  If you have no non exempt assets, and your disposable income is only sufficient to cure the arrears, the judgment liens can be removed and discharged following your completion of the plan. My first thought whenever a client is delinquent is to suggest loan modification.  I don’t know if you explored that, but it is a cheaper, easier method of curing the default and managing your cash flow by curing or deferring the default instantly and reducing the mortgage payments.   I trust this has been helpful, and, if you live in the Delaware Valley, feel free to call or email me on a free initial basis.     Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer

There may be some confusion which would require a conversation to resolve.  If you are in a Chapter 7, I don’t understand why the case has been open so long as a Chapter 7 usually is completed within 4 months.  A Chapter 13 involves a payment plan of 3-5 years.  The time frame you referenced does not fit either normal practice. Additionally, if it is a Chapter 7 or Chapter 13 , and you are seeking to buy, the Motion would be to Obtain Credit which is not a letter from the Trustee but a pleading requiring court approval.    I trust this answers your questions and, if you live in the Delaware Valley, feel free to call or email me on a free initial basis. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer

You can do it but the payment to your father will be undone as a preference.  You can’t prefer one creditor, particularly an unsecured creditor as I assume your father is, over another within 90 days of filing bankruptcy or, in the case of an insider,  1 year.  This is particularly true where one of the creditors losing out is a secured creditor, as I assume the bank is. ... Read Answer

without  a lot more information i can't assess whether bankruptcy is a good idea for you.  to make that determination, a lawyer needs a lot of information about your assets, your debts, and your income.  many lawyers provide free bankruptcy consultations.  please find an experienced lawyer and set up an appointment.  make sure you can give the lawyer information about how much you owe to each creditor, the value of all your assets, your current income and your expected income once you begin receiving disability.  best of luck!... Read Answer

That amount of debt is ususally when bankruptcy starts to make sense.  But there are other things to consider, too, like how much money you earn and what assets you own  Don't make this decision by yourself.  Bankrtupcy is complicated; talk with an experienced bankrtupcy attorney to see if this is the right solution for you.... Read Answer

Thank you for your inquiry. There are two types of bankruptcies for consumers, Chapter 7 and 13.  The former is generally for those who simply require the elimination of unsecured debt such as credit cards.  The latter is generally for those who have fallen behind in secured debt such as a mortgage.  Chapter 13 allows you to repay any arrears over five years. Generally, the fees for a chapter 7 are $2,000.00, plus the filing fee of $335.00.   Many clients pay that over time with the understanding that the final petition cannot be filed until all the fees and costs are paid. Student loans are one of the exceptions to discharge such that, except under extremely unusual circumstances, those debts will not be discharged.   You can keep your car as long as you continue to make payemnts on it.  There are other issues regarding the car that I would be happy to discuss in a consultation.    If you are in the eastern part of PA, feel free to contact me at your convenience on a free initial basis.  Please note that distance is not an issue, because we don’t have to meet unless you want to and virtually all issues can be addressed by phone, e-mail or mail. Very truly yours, Matthew R. Nahrgang, Esquire 35 Evansburg Road Collegeville, PA 19426 (610) 489-3041 ph o (610) 489-3042 fax mnahrgang@verizon.net www.mnahrgang.com    ... Read Answer

Removing a Lien is not part of your bankrupcty, that is anadditional fee.  That is the reason it wasn't done.  When you hire a bankruptcy attorney it's to file your petition, go to 341 meeting and provide documentation to turustee.  Beyond that there as numerous things you can do in bankruptcy that doesn't all under the flay fee retainer agreement. Good news is you can reopen your case and get the lien removed, but this usually costs as much as the bankruptcy did.... Read Answer

When the car was put there were you given any written notification that you would be charged? If not, you have to weigh the cost of paying an attorney to have the car released without paying storage fees versus the cost of the storage fees. An attorney may charge $500 for this. I would try to negotiate the guy down with a cash offer. If he is ridiculous, hire an attorney.... Read Answer

I recently wrote an article on Student Loans and Bankruptcy, this should answer your question:  http://ezinearticles.com/?Can-I-Get-Student-Loans-Discharged-in-Bankruptcy?&id=8717156 I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147 #bankruptcy  #lawyer  #FallRiver  #Chapter7  #chapter13  #debt  #debtsettlement  #foreclosure  #attorney   #cantpaybills  #lawsuit  #court  #bankruptcycourt  #eviction  #lostmyjob, #student, #loans, #education, #IRS, #taxes... Read Answer

If you are current with the payments, I see no reason why it would affect anyone else's credit. As far as whether the Trustee would sell the house in a Chapter 7 case, that depends on the amount of equity in the house and what exemptions you've taken on it according to applicable law. The fact that you're asking this question at all screams out that you need to hire a competent bankruptcy attorney immediately.... Read Answer

If you filed a chapter 7 bankruptcy or a chapter 13 bankruptcy and received a discharge, the credit card companies cannot sue you. If you did not receive a discharge in your case was dismissed, then the credit card companies may go after you even though you filed bankruptcy. If I were you I would check your bankruptcy paperwork and see if the credit card companies that are calling you were listed on your petition. If they were in fact listed on your petition and you received a discharge it is illegal for them to attempt to collect this debt from you and you may actually been a lawsuit against them. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147 #bankruptcy  #lawyer  #FallRiver  #Chapter7  #chapter13  #debt  #debtsettlement  #foreclosure  #attorney   #cantpaybills  #lawsuit  #court  #bankruptcycourt  #eviction  #lostmyjob... Read Answer