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Bankruptcy Law/Questions
| Subject | Date Asked | Expert |
| bankruptcy 7 | 2/8/2012 | Los Angeles Bankruptcy Lawyer Leon D. Bayer |
| Q: We will be filing chapter 7 bankruptcy very soon. However, we had two secured loans that involved ... A: When secured collateral like household appliances become broken or destroyed, I like to mention that ... | ||
| Lehman Brothers bankruptcy | 2/5/2012 | Michael T. Hertz |
| Q: There is a debate going on concerning the Lehman Brothers bankruptcy, it looks as if the total ... A: Sometimes the plan is a pot plan (that is, the plan pays say $65 billion and that is divided, and ... | ||
| Lehman Brothers bankruptcy | 2/5/2012 | Michael T. Hertz |
| Q: There is a debate going on concerning the Lehman Brothers bankruptcy, it looks as if the total ... A: That's interesting, because I sold my Lehman bonds quite some time ago and got $6500 on a $30,000 ... | ||
| Income Tax & Chapter 7 | 2/5/2012 | Brian V. Lee, Esq. |
| Q: I filed bankruptcy last year (Chapter 7) and my order of discharge was signed by the court. I had a ... A: For debtors filing for bankruptcy under chapter 7 or 11, the bankruptcy estate is treated as a new ... | ||
| closed | 1/31/2012 | Bankruptcy Services |
| Q: I am a creditor, and the debtor had the courts "close" the case to avoid the Trustee's fees(under a ... A: Again, there is no way to answer your question without more information. If you call me we can ... | ||
| closed | 1/29/2012 | Bankruptcy Services |
| Q: I am a creditor, and the debtor had the courts "close" the case to avoid the Trustee's fees(under a ... A: Are you absolutely sure that the adversary actions were closed in addition to the underlying ... | ||
| phony2 | 1/29/2012 | Michael T. Hertz |
| Q: I maxed out the ask another question, so I started a new one. It is in the state of NJ. Can you get ... A: http://www.freebankruptcyevaluation.com/trustees/region3.html. I would call the office of ... | ||
| phony | 1/29/2012 | Michael T. Hertz |
| Q: I am a creditor to a non-profit that filed for bankruptcy. They made up phony employees and made ... A: If you told me where the bankruptcy was filed I could easily look up where the US Trustee office is. ... | ||
| phony | 1/29/2012 | Michael T. Hertz |
| Q: I am a creditor to a non-profit that filed for bankruptcy. They made up phony employees and made ... A: You need to write out maybe a one page synopsis in the form of a letter and dig out copies of any ... | ||
| Small Claims Judgment/Landlord Filed Ch. 13 3 years ago | 1/28/2012 | Michael T. Hertz |
| Q: I obtained a small claims judgment in housing court in Boston against a former landlord who made ... A: The housing court judge is wrong. A debtor in a Chapter 13 with a confirmed plan is liable for ... | ||
| creditor | 1/27/2012 | Bankruptcy Services |
| Q: A non-profit filed for bankruptcy. I am a creditor. They have committed gross fraud. Being that it ... A: Unfortunately, you do not state enough facts about your situation in order for me or anyone else to ... | ||
| phony | 1/27/2012 | Michael T. Hertz |
| Q: I am a creditor to a non-profit that filed for bankruptcy. They made up phony employees and made ... A: You didn't tell me whether this is a Chapter 7 or 11. If it's a 7, get whatever information you have ... | ||
| Chap 7 | 1/23/2012 | LEE HORNER |
| Q: I Filed chap 7 in Dec 2011. I am not reaffirming my two loans, and only continue with payments. Now ... A: You might well be reviving a discharged debt on the second. Many people with underwater seconds ... | ||
| Credit reporting agencies | 1/23/2012 | LEE HORNER |
| Q: I live in Arizona, and I just found out that a collections agency that was discharged through ... A: First off, get a free credit report on yourself from annualcreditreport.com (the only real free ... | ||
| Tax Return Question | 1/23/2012 | LEE HORNER |
| Q: Mr. Horner, I understand that you many not necessarily be able to comment specifically with regard ... A: Most trustees will keep the case open to see if there's a refund or not. If the debtor lies on the ... | ||
| Ch. 7 Bankruptcy | 1/22/2012 | Terry Leeders |
| Q: I had filed Chapter 7 Bankruptcy in 6-28-2005, and was discharged shortly after. Today I come home ... A: Send them a copy of the discharge and a copy of schedule F show them a copy of schedule F. That ... | ||
| Bankruptcy - After Discharge | 1/21/2012 | Bankruptcy Services |
| Q: My bankruptcy has been discharged, but I have a few questions. Unfortunately my attorney has not ... A: It's ok. You can call me this weekend if you want - and my name is Jack Hall. You state, "I just ... | ||
| Bankruptcy - After Discharge | 1/19/2012 | Bankruptcy Services |
| Q: My bankruptcy has been discharged, but I have a few questions. Unfortunately my attorney has not ... A: Unless the court tells him otherwise, he is not going to release the vehicle until you pay him - and ... | ||
| Bankruptcy - After Discharge | 1/19/2012 | Bankruptcy Services |
| Q: My bankruptcy has been discharged, but I have a few questions. Unfortunately my attorney has not ... A: My bankruptcy has been discharged, but I have a few questions. Unfortunately my attorney has not ... | ||
| Chap 7 | 1/18/2012 | LEE HORNER |
| Q: I am in California. I filed chap 7 last November 15. In the Statement Of Intention, I indicated ... A: I hope you didn't have an attorney advise you to reaffirm mortgage debts. Never ever reaffirm a ... | ||
| property taxes | 1/17/2012 | Bankruptcy Services |
| Q: I live in Idaho, but I used to live in California in Ventura County. I helped my aunt get her house ... A: I am not Norma, but you asked this question on the question pool so I am making a response. ... | ||
| Are Unsecured Property Taxes dischargeable in Chapter 7 Bankruptcy? (California) | 1/17/2012 | Los Angeles Bankruptcy Lawyer Leon D. Bayer |
| Q: I was a partner in a business that closed in 2006 In 2008, The other partner and I both filed for ... A: It may be discharged if you have the right circumstances. I believe that unsecured property taxes ... | ||
| ch7 | 1/12/2012 | Brian V. Lee, Esq. |
| Q: My wife filed ch7 and she was discharged in Ky, we had 2 cars (me & her on the contract) from a ... A: The law allows you to request an investigation of information on your credit report that you feel ... | ||
| ch7 | 1/12/2012 | Mark J. Markus- California Bankruptcy Attorney |
| Q: My wife filed ch7 and she was discharged in Ky, we had 2 cars (me & her on the contract) from a ... A: This sounds like it is a credit report question rather than a bankruptcy question, but let me do my ... | ||
| ch7 | 1/12/2012 | Bankruptcy Services |
| Q: My wife filed ch7 and she was discharged in KY, we had 2 cars (me & her on the contract) from a ... A: Have you sent a letter to the three credit bureaus with a copy of the papers showing it was paid ... | ||
| ch7 | 1/12/2012 | Bankruptcy Services |
| Q: My wife filed ch7 and she was discharged here in KY, we had 2 cars (me & her on the contract) from a ... A: There are a couple of ways to handle this, but what you can do or not do in this situation depends ... | ||
| ch7 | 1/12/2012 | LEE HORNER |
| Q: My wife filed ch7 and she was discharged, we had 2 cars (me & her on the contract) from a lender in ... A: I'd contact all three credit bureaus with a consumer complaint on the item that's reported ... | ||
| ch7 | 1/12/2012 | Los Angeles Bankruptcy Lawyer Leon D. Bayer |
| Q: My wife filed ch7 and she was discharged, we had 2 cars (me & her on the contract) from a lender ... A: It should be easy to fix this. You can "dispute" this item on your credit report. The report that ... | ||
| ch7 | 1/12/2012 | Michael T. Hertz |
| Q: My wife filed ch7 and she was discharged, we had 2 cars (me & her on the contract) from a lender ... A: That's a tricky problem and may depend on the motion in question. If the motion was to value the ... | ||
| Bankruptcy ch 7 | 1/12/2012 | Terry Leeders |
| Q: My wife filed ch7 and she was discharged, we had 2 cars (me & her on the contract) from a lender ... A: Unfortunately, you will owe this. Redemptions (buying out the balance of the note for fair market ... | ||
| Co-Signer Obligations on Sallie Mae Private Student Loan | 1/11/2012 | Michael T. Hertz |
| Q: With regards to my Chapter 7 discharge question already asked in that more than likely the student ... A: There really is no further paperwork. The discharge you get or got in the Chapter 7 is no defense ... | ||
| Trustee/attorney fee question | 1/9/2012 | LEE HORNER |
| Q: The bk. judge 'stayed' all pending & future litigation in this Chap. 7 because I had filed a Notice ... A: Your appeal resulted in an ouster of jurisdiction at the bankruptcy court level except as to matters ... | ||
| Trustee/attorney fee question | 1/9/2012 | LEE HORNER |
| Q: The bk. judge 'stayed' all pending & future litigation in this Chap. 7 because I had filed a Notice ... A: Several issues. First interlocutory appeals are by "permission" of the appellate court so if you ... | ||
| Bankruptcy | 1/9/2012 | Bankruptcy Services |
| Q: In 2009 my wife and I had a bankruptcy discharged in the New Jersey courts. At the time of the ... A: There is no way that even Johnnie Cochrane (if he were alive) or Perry Mason (if he were real) could ... | ||
| Short Sale or Foreclosure after Bankruptcy? | 1/4/2012 | Los Angeles Bankruptcy Lawyer Leon D. Bayer |
| Q: I filed Chapter 7 in 2010; it was discharged April/2011. I kept my primary residence and let go of ... A: The basic rule is that a lender may report anything that is true. I checked with a very ... | ||
| Short Sale or Foreclosure after Bankruptcy? | 1/4/2012 | Los Angeles Bankruptcy Lawyer Leon D. Bayer |
| Q: I filed Chapter 7 in 2010; it was discharged April/2011. I kept my primary residence and let go of ... A: I tend to shy away from the idea of a "short sale" after a Bk is discharged. The reason is because ... | ||
| Community Debt in CA and Bankruptcy | 12/24/2011 | Michael T. Hertz |
| Q: In a blog of 06-09-10 ... A: Actually, since the trustee can use state fraudulent conveyance law, the statute of limitations in ... | ||
| Community Debt in CA and Bankruptcy | 12/23/2011 | Michael T. Hertz |
| Q: In a blog of 06-09-10 ... A: I have done no further research on that question. Furthermore, since you are in Nevada, the law of ... | ||
| Judgement discharged in BK but not released | 12/22/2011 | Mark J. Markus- California Bankruptcy Attorney |
| Q: I am trying to buy a house. I did BK in 2008 (or some around that time) anyway, I had a debt with ... A: If they recorded a judgment against your property before your bankruptcy case was filed, then you ... | ||
| Consequences of Bankruptcy | 12/19/2011 | Mark J. Markus- California Bankruptcy Attorney |
| Q: After being denied a debt consolidation loan, I talked to a financial adviser at my credit union ... A: You have received a lot of misinformation about bankruptcy. I will try to answer your questions. ... | ||
Bankruptcy Law
Answers by Expert:
Michael T. Hertz
Top Expert on this page
Expertise
I am already listed as a volunteer under "Collections Law," but actually I am a bankruptcy lawyer. I am a member of bar in California and in Massachusetts and have practiced in bankruptcy since 1978 and have also taught bankruptcy law at the law school level (in Maine and Oregon). I can answers questions with respect to all bankruptcy chapters, having represented creditors, debtors, trustees, creditors committees, and persons involved in defending actions in bankruptcy court.
Experience
See above. Basically, 33 years of experience.
Organizations
inactive member of State Bar of California; inactive member of bar in Massachusetts; former member of bar in Maine; former conseil juridique in France.
Publications
California Bankruptcy Law Review; Georgetown Law Journal; numerous others. See my resume.
Education/Credentials
Harvard Law School, J.D.; Pomona College, B.A.
Awards and Honors
Superlawyer in Northern California, 2005 and 2006
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