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Questions Answered by Robert Simonian
1 Answer | Asked in Bankruptcy for Massachusetts on
Q: I am currently homeless and i spent money claimed on my wild card exemption before a 341 meeting can i get into trouble?
Robert Simonian
PREMIUM
Robert Simonian
answered on Feb 6, 2023

This is a difficult question to answer without asking you more detailed questions. For example, generally speaking, if you spend $500.00 or less on necessities I would say it is not a problem. If you spent a large amount of money and the trustee feels for some reason that the money was not exempt... View More

2 Answers | Asked in Bankruptcy, Foreclosure and Elder Law for Massachusetts on
Q: My client is 88, her home is under water and she cannot afford to repair the failing electric and plumbing systems.

On paper, she is not low-income ($42,000/year) but owes $7K for electric and many other debts. If she foreclosures is she still responsible for the mortgage? (She cannot pay that and rent also.) Would Chapter 11 be a better option for her? Can she rent an apartment after Chapter 11 or will... View More

Robert Simonian
PREMIUM
Robert Simonian
answered on Jul 13, 2022

A Chapter 7 bankruptcy sounds like it may be in her best interest at this time however I can not say this absolutely without a full interview. You can call me or another experienced bankruptcy attorney and they should be able to give you a good solid answer and plan to move forward. A chapter 7... View More

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3 Answers | Asked in Bankruptcy and Business Formation for Massachusetts on
Q: Can the uplyft capital loan be forgiven
Robert Simonian
PREMIUM
Robert Simonian
answered on Mar 28, 2022

"Forgiven" and "discharged" are two different terms. Yes, the debt can be discharged in bankruptcy. If it is a secured loan then you will have to continue making payments to keep the collateral or you can surrender the collateral but either way the debt is discharged. If it... View More

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4 Answers | Asked in Bankruptcy for Massachusetts on
Q: Error on 7 bankruptcy wrong amount owed 2 yrs ago discharge

Can they still come after me

Robert Simonian
PREMIUM
Robert Simonian
answered on Oct 5, 2021

As long as the creditor was properly listed in your schedules (correct address) and they received proper notice and it was a dischargeable debt you are ok.

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3 Answers | Asked in Bankruptcy for Massachusetts on
Q: I filed bankruptcy 10 years ago can I still be liable for the water bill I was discharged from the home
Robert Simonian
PREMIUM
Robert Simonian
answered on Oct 1, 2021

Attorney W.J. Wintestein, Jr. provided a perfect answer and I cannot add to it.

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2 Answers | Asked in Bankruptcy and Real Estate Law for Massachusetts on
Q: i am a co owner of a property with a mortgage. if i apply for bankruptcy, am i still liable for the mortgage payment?

i am now disabled and cannot work. my income now after bankruptcy is 848. a month.

Robert Simonian
PREMIUM
Robert Simonian
answered on Sep 9, 2021

If you file for chapter 7 bankruptcy you will not be liable for the mortgage payment. However, if the mortgage is not paid the mortgage company will foreclose on the property. If you are asking if you can live in the property and not pay the mortgage the answer is no. If you do not live in the... View More

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3 Answers | Asked in Bankruptcy for Massachusetts on
Q: How much will it cost me to file for bankruptcy

$922/mo, $277/rent, $190/utilities. Extenuating circumstances.

Robert Simonian
PREMIUM
Robert Simonian
answered on Sep 7, 2021

The attorney's fees can vary greatly depending on where you live, the type of debts that you have, the amount and types of assets and real estate that you own. Based on what you described, the attorney's fees would probably be about $1,200.00 and the court filing fee is $338.00. There... View More

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1 Answer | Asked in Bankruptcy and Real Estate Law for Massachusetts on
Q: Opened a home equity loan with a large credit union for 120k on 5-1-2008 Last pymnt made 5-1-2013 how do I clear title

The debt isn't on either credit report anymore  but it is still showing on the title search that quicken has pulled.

Do you have ant idea how we would fix this in order to complete a refinance

We never filed bankruptcy but probably should have

Thanks

Worcester Massachusetts

Robert Simonian
PREMIUM
Robert Simonian
answered on Jul 30, 2021

It sounds like this is a second mortgage and is recorded at the registry of deeds. This debt would be secured by your property if that is the case. The only way to be able to refinance is to either pay the debt in full or to try to negotiate a lump sum settlement amount and have the lender remove... View More

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