Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Dean Paolucci
3 Answers | Asked in Bankruptcy for Ohio on
Q: Filling out bankruptcy form 106E/F

When filling out bankruptcy form 106E/F do I list the original creditor or the collection agency that purchased the debt?

Dean Paolucci
Dean Paolucci answered on Nov 1, 2019

I usually list both, but put the debt under the original creditor.

View More Answers

3 Answers | Asked in Bankruptcy for Ohio on
Q: I was granted bankruptcy chapter 7 in 2010. I continued to pay on my mobile home loan until May 2019.

Do I still have an obligation to pay or pay the balance due once sold

Dean Paolucci
Dean Paolucci answered on Oct 17, 2019

Hi there! There are a few things of importance with your question.

1. Do you want to keep the mobile home? If yes, then you do have to pay the debt.

2. Did you reaffirm the debt in your bankruptcy? If yes, then you are obligated to pay the debt despite your bankruptcy in 2010....
Read more »

View More Answers

2 Answers | Asked in Bankruptcy for Ohio on
Q: ucc lien on house that I need to sell.

Filed 10 years ago not realizing this was a secured debt and included it in chapter 7. No one ever contacted me for a reafirmation or to see what I wanted to do with it. My attorney never mentioned the lien. Is there anyway to get it removed? I thought the chapt 7 got rid of it.

Dean Paolucci
Dean Paolucci answered on Oct 1, 2019

I agree with Timothy Denison below; hire an attorney to file a Motion to Reopen the Case, then a Motion to Avoid the Lien. Find a local attorney who has handled these before, as each Court is a little different on procedure, etc.

Best of Luck to you.

View More Answers

2 Answers | Asked in Bankruptcy for Ohio on
Q: If you're in bankruptcy, can a court where you live harass you for payment of property taxes?

I feel like I'm being harassed.

Dean Paolucci
Dean Paolucci answered on Oct 1, 2019

No, creditors are not supposed to try any collections actions while the automatic stay is in effect. Be aware, however, that if you are keeping the real property subject to the property taxes you speak of, you do need to get those taxes current at some point in order to keep said real property.... Read more »

View More Answers

1 Answer | Asked in Bankruptcy for Ohio on
Q: For Ohio (Dayton, Cincinnati areas). Me ex-wife filed chapter 7 bankruptcy.

She filed back in October 2017. She listed me as a Creditor. I told her I wanted nothing to do with her financial problems and issues. I emailed her attorney and stated so as well. I never heard anything back until today (2/16/18). Turns out they continued to list me. Is this fraudulent, and should... Read more »

Dean Paolucci
Dean Paolucci answered on Apr 12, 2018

No, there is no harm in her listing you, it should not "hurt" you in any way, so I don't believe you have any cause of action or injury because of this.

She filed on her debts, so it won;t affect you unless she owed you money. If that is the case, seek counsel to try and recoup the money...
Read more »

1 Answer | Asked in Bankruptcy, Civil Litigation and Criminal Law for Ohio on
Q: I paid a paralegal to paperwork for my bankruptcy and she has not done it. Do I have a criminal and civil suit
Dean Paolucci
Dean Paolucci answered on Apr 12, 2018

You would have a civil lawsuit you could file; to try and recover your money. Best of luck to you.

2 Answers | Asked in Bankruptcy for Indiana on
Q: I have two credit cards. Do I have to list them both and lose them? Or can I keep one of them?
Dean Paolucci
Dean Paolucci answered on Apr 12, 2018

For the most part, a bankruptcy is an "all or nothing" proposition, meaning you have to give up all your credit cards and unsecured debts in exchange for the debts being wiped out.

View More Answers

1 Answer | Asked in Bankruptcy for Ohio on
Q: We filed a Joint Chapter 7 Bankruptcy this year. Case was discharged February 6th, 2018. We included our vehicle in

the case. Car was repossessed after we telephoned repo-man. Our bank is sending us Notices of their plan to sell property. They state date of auction and mention we may purchase the car that we abandoned? During our appointment with the Trustee he also mentioned that records showed car was... Read more »

Dean Paolucci
Dean Paolucci answered on Apr 12, 2018

It very likely means that the Trustee abandoned his interest in the vehicle; ie, he is not interested in pursuing it as an asset of your estate. This doesn't mean much for you, you really just need the debt to be discharged, which it should be once your bankruptcy goes through. Best of luck to... Read more »

2 Answers | Asked in Bankruptcy for Ohio on
Q: Is it ever possible to take out a mortgage if you've already filed for a bankruptcy?
Dean Paolucci
Dean Paolucci answered on Apr 12, 2018

I agree with the answer above; and just wanted to add that some banks have programs for veterans that allow financing after bankruptcy within two years of your bankruptcy filing.

View More Answers

2 Answers | Asked in Bankruptcy, Consumer Law and Collections for Ohio on
Q: Can I add the creditor (who bought my debt) to my Bankruptcy Chapter 7 if they've filed a lawsuit against me?

I plan to file Bankruptcy Chapter 7 soon. A company has filed the lawsuit against me and is not the original creditor. They bought the debt from the original creditor. Can I still add this to my bankruptcy? and if so, who do I list (the original or the purchaser or both)?

Dean Paolucci
Dean Paolucci answered on Apr 12, 2018

Absolutely, and you should list all your creditors on the proper Schedules. Error on the side of listing too many than too little; add the lawyers for the creditor, the creditor, the collections place for the creditor, etc.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.